Section 28 Limitation Act 1980

[CYNthesys]

Can anyone please explain in simple terms the 30 year limitation period that is referred to under s.28(4) Limitation Act

[R0b]

Re: Section 28 Limitation Act 1980

The way I read it as saying that you cannot bring a claim for the recovery of land or a charge on any land after 30 years has passed following the date where the right of action first accrued. I think this would link to 28(1) i.e. 36 years after the disability ended or the person died whichever is earlier. Though it could link to 28(6) too which relates to defective products or fatal accidents and is therefore 33 years.

[CYNthesys]

Re: Section 28 Limitation Act 1980

Thanks Rob, I initially thought that it seemed to contradict s.28 (1) but after reading it over several times it appears the 30 years only applies if the limitation period for the cause of action is not prescibed by the act

Disability

28

(1)

Subject to the following provisions of this section, if on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred) notwithstanding that the period of limitation has expired.

[R0b]

Re: Section 28 Limitation Act 1980

but after reading it over several times it appears the 30 years only applies if the limitation period for the cause of action is not prescibed by the act

I'm not sure it says that, the LA has various time limits depending on the type of cause of action but what s.28(1) says is that if the person had a disability at the time the particular cause of action accrued, then the limitation period is extended to 6 years following their disability ceasing, or upon death, whichever is sooner.

So for names sake, if Person A had a personal injury claim against Person B and Person A had a disability at the time of the injury, then the action can be brought up to 6 years after the disability has ended.

[CYNthesys]

Re: Section 28 Limitation Act 1980

Its still not clear what causes of action the 30 years timescale refers to

[R0b]

Re: Section 28 Limitation Act 1980

It does, it specifically says recovery of land or any legal charge on the land?

[CYNthesys]

Re: Section 28 Limitation Act 1980

At the time in question I wasnt sure if 6 or12 years applied, so be on the safe side I relied on 6 years. The defendant still tried to argue that I was out of time, but the judge sided with me that it wasnt out of time as claim had been brought within 6 years