When is the deadline for ultimate limitation period - fifteen years from the act or omission?
The catalogue records a 15 years period from Day on which the act or omission on which the claim is based occurred. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 years
- Trigger
- Day on which the act or omission on which the claim is based occurred
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Section 21(1): may be extended, but not shortened, by agreement. Section 17 suspends running: 'The limitation period established by clause 8(1)(b) does not run during any time in which the defendant (a) wilfully conceals from the claimant the fact that injury, loss or damage has occurred, that it was caused by or contributed to by an act or omission or that the act or omission was of the defendant; or (b) wilfully misleads the claimant as to whether the injury, loss or damage is sufficiently serious to warrant a proceeding.' Sections 18 and 19 also suspend for minority and incapacity, since they apply to 'the limitation periods established by this Act'. NOTE that the s 12 personal injury disallowance power does NOT reach this period: s 12(1) defines 'limitation period' for that section as the period established by s 8(1)(a) or by an enactment other than this Act, which excludes s 8(1)(b); and s 12(7) independently excludes any period of 10 years or more.
- A true long-stop of repose. It runs from the DEFENDANT'S CONDUCT, not from the claimant's knowledge, so it can and does extinguish claims before they are discoverable - encode and present it strictly separately from the two-year discovery period, never merged. Section 8(3) fixes the start: 'the day an act or omission on which a claim is based occurred is (a) in the case of a continuous act or omission, the day on which the act or omission ceases; and (b) in the case of a series of acts or omissions concerning the same obligation, the day on which the last act or omission in the series occurs.' Burden: s 9(2) puts the burden of proving the claim was NOT brought within the s 8(1)(b) period on the DEFENDANT - the reverse of s 9(1). Rollover is marked 'review' rather than next-open-day because the interaction between a statutory period of repose and the general rollover in Interpretation Act s 19(k) is not settled on the face of the legislation; the safe practice is to treat the anniversary itself as the hard stop and never to rely on a rollover day. Section 6 is a further trap: 'Where there is a conflict between this Act and any other enactment, the other enactment prevails' - so a sector-specific statutory limitation period displaces s 8 entirely.