Limitation Act 2010

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Part 2 Defence to money claims

11 Defence to money claim filed after applicable period

(1)

It is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based (the claim’s primary period).

(2)

However, subsection (3) applies to a money claim instead of subsection (1) (whether or not a defence to the claim has been raised or established under subsection (1)) if—

(a)

the claimant has late knowledge of the claim, and so the claim has a late knowledge date (see section 14); and

(b)

the claim is made after its primary period.

(3)

It is a defence to a money claim to which this subsection applies if the defendant proves that the date on which the claim is filed is at least—

(a)

3 years after the late knowledge date (the claim’s late knowledge period); or

(b)

15 years after the date of the act or omission on which the claim is based (the claim’s longstop period).