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Limitation

Statutory rules limit the time within which a civil action must be taken. This means that if you have a civil dispute with another party you must start legal action within the specified time period. Different types of cases have different time limits. If you do not take legal action within the time period for your type of case you are unable to start legal action at a later stage.

Examples of time limits include:

Contract claims must be started within 6 years of the date of the contract.

Tort claims - within 6 years of the action that caused you to make your claim.

Land claims - within 12 years of the action that caused you to make your claim.

Personal injury claims or death caused by negligence - within 3 years of the action that caused you to make your claim or (if later) 3 years from when you were aware of the circumstances. However, in these cases the courts have discretion to extend the limitation period. Some very important cases have only gone to court once their time limit has been extended.


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