The deadline that ends a case before it starts

The most common reason a case that should have been won is never brought is not weak evidence. It is time running out while someone was still deciding whether to sue, or waiting for the other side to come back and settle it quietly.

Once the period has passed, the other side need only raise it and the court must dismiss the claim without considering who was right. That is why we check the timing first, before anything else is discussed.

How long do you have for each kind of claim?

Many people assume there is always ten years. That assumption is dangerous. Ten years is the general period, used where the law does not say otherwise, and several of the most common problems have far less than that.

• Compensation for an accident or for careless conduct: one year from the day you learn what happened and who is responsible, and in no case more than ten years from the day the harm was done.
• Goods bought and found defective: one year from the day the defect is discovered.
• A dishonoured cheque: one year from the date it fell due.
• Inheritance claims: one year from the death, or from the day the heir learns of it, and in no case more than ten years from the death.
• A trader claiming for goods supplied or work done: two years, not ten — but five years where the buyer took them for its own business.
• Arrears of interest: five years.
• General breach of contract that falls outside the exceptions above: ten years.

One exception is worth knowing. Where the act that caused the loss is also a criminal offence carrying a longer period than the one year above, the longer period applies instead. Anyone who thinks a year has passed should not assume the right is gone.

For criminal matters that can be settled between the parties, which covers most private fraud and misappropriation cases, a complaint must be lodged within three months of learning of the offence and of the offender. Three months is short enough that people routinely lose the right while gathering documents.

When does the clock start?

The most misunderstood point is when the period begins. For many claims it runs not from the event but from the day you knew what had happened and who was responsible. Those two dates can be months or years apart.

Damage that only appears long afterwards, or a case where the person responsible is identified much later, are the usual examples. The starting date is a question of fact, and it is one of the things parties argue about in court.

One more thing worth knowing: where a debt is paid by instalments, each instalment can carry its own period. Some may already be out of time while later ones can still be claimed.

What makes the clock start again?

Time that has already run can stop and start again if the debtor admits the debt, whether by a written acknowledgement, a part payment, or a message accepting that the money is owed, and also when the creditor files suit.

There is an important condition: the admission must come before the period expires. A part payment made after time has already run does not restart anything, and the money paid cannot be recovered either.

What to do when time is running out

• Write down the date you first knew of the problem and the date you knew who was responsible. Those matter more than the date of the loss itself.
• Keep whatever fixes those dates: messages, invoices, receipts, medical records, police reports.
• Have a lawyer confirm which period applies before you spend money on anything else. It is a quick question, and it decides whether the rest is worth doing.

If you are not sure, work from the earliest date it could be. Checking early and finding time to spare is far better than waiting and finding none.

This article is general information, not advice on your situation. Time limits are decided on the facts of each matter and there are several exceptions. If you think a deadline may be close, contact the firm with the relevant dates.