When is the deadline for ultimate limitation period - fifteen years from the act or omission?
The catalogue records a 15 years period from The day on which the act or omission on which the claim is based took place. 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
- The day on which the act or omission on which the claim is based took place
- 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.
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- NO judicial extension. The period does not RUN, by s 15(4), during any time in which: the person with the claim is incapable because of physical, mental or psychological condition and is not represented by a litigation guardian; or is a minor and not represented by a litigation guardian; or the person against whom the claim is made wilfully conceals the fact that injury, loss or damage occurred, that it was caused by an act or omission, or that the act or omission was theirs, or wilfully misleads the claimant as to the appropriateness of a proceeding as a remedy. By s 22(4) the s 15 period may be suspended or extended by agreement made on or after 19 October 2006, but ONLY if the relevant claim has been discovered.
- THIS IS A LONG-STOP OF REPOSE, DISTINCT FROM THE DISCOVERY-BASED PERIOD IN s 4. It runs from the act or omission regardless of discovery and, by s 15(1), overrides an unexpired basic period. Encode it as a separate cap, never as a merged single period. Section 15(3) creates a narrower two-year long-stop for conversion claims against a good-faith purchaser for value of personal property, catalogued separately.