Any lawyers out there?

[number8]

Under what circumstances can the limitation statutes be over ruled?

[FTVS]

Ok there are several different ones but the ones I am familiar with are: Contract: 6 years however if the contract is under seal or under deed, 12 years from the date of the act . Tort (civil liability) 6 years from the date of negligent act/cause of action arises OR three years from date of discovery of the damage if first six years has expired subject to a 15 year long stop UNLESS the defect/act/cause of action has been deliberately (fraudulently) concealed from potential claimant. Other ways might be say in the case of Pension Mis-selling where the Financial Services Ombusman pretty much waives any limitation arguments. Personal injury - three years from date of injury and that's it UNLESS you are a minor in which case I think it's three years from when you attain your majority ie 18 years. Howevert here is a whole over convention applying to "Disease" asbestotsis for instance where the effects may not become apparent for some time in this case it is 3 years from date of knowledge. Also should say thatt you have to issue the proceedings within these times you don't necessarily have to serve them (you have four months to do so). Finally the only other way (to my knowledge) is by agreemnet between the parties.

[FredPuli]

And "nullum tempus occurit regi" of course as everybody says around here ! ! Yup, time does not run against the king. So the Crown could once never be out of time for claiming. However this rule has been abandoned or treated as removed by statute save for claims by the Inland Revenue. They can claim tax from any number of years back. However they have a policy not to abuse it. They will not seek tax beyond the six years allowed to claim any ordinary debt unless they have evidence of fraud. Oh and if any debtor of anyone at all acknowledges the debt within 6 years of its creation then a further period of six years runs from that time in which the creditor can claim payment.

[number8]

Excellent answers - thank you.