Limitation – A Map for the Minefield

Materials comprised of a Paper and PowerPoint handout.

Presenters:

Philippa Fee, Partner, Fee Langstone
Tim Rainey, Barrister, FortyEight Shortland

Synopsis:

The Limitation Act 2010 was enacted to rationalise the law on the limitation periods applying to claims. This included overdue reform of the time available for a claimant to bring a claim where they have “late notice” and the imposition of a 15-year long-stop limitation period. While the Act has done much to clarify the law of limitation, many issues still arise and in many ways limitation remains a minefield for the unwary. The purpose of these materials is to provide a map for that minefield: discussing the key aspects of limitation law from the Limitation Act and elsewhere which can trip up even the most seasoned litigators.

These materials will help you:

• Refresh your understanding of the changes brought about by the 2010 Act and how those changes work with existing limitation law outside of the 2010 Act including the Building Act 2004.
• Gain a better appreciation of how limitation periods play out for particular types of claim: tortious, contractual, statutory and equitable.
• Enhance your understanding of the interplay with contractually defined limitation periods.
• Become updated on recent case law developments regarding contribution, declaration, late knowledge and laches.

Intended Audiance:

This topic will be of relevance and value to litigators, commercial lawyers and general practitioners, of all levels of experience.