Limitation - A Growing Shift In Favour of Professional Defendants

The aim of the Limitation Act 1980 is to seek to balance the competing interests of claimants and defendants. I.e. enabling claimants to bring claims that they might not have known about at a relatively early stage, or been able to pursue immediately, and, on the other side, it seeks to ensure that defendants are not exposed to stale claims. This article provides an update on the key features of limitation arguments: knowledge, damage and concealment.