Principle

CIVIL PROCEDURE β€” Limitation of Actions β€” Determination of When Cause of Action Arose for Limitation Purposes

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Limitation is determined from the writ and statement of claim alone. The principle applies to limitation law. The court does not consider the defence. The rule ensures early determination of limitation issues. The action is statute-barred if the pleaded date exceeds the limitation period. The…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.