Limitation—fraud, deliberate concealment and mistake

Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

Limitation—fraud, deliberate concealment and mistake

Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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This Practice Note considers section 32 of the Limitation Act 1980 (LA 1980). In particular, it addresses how a court might apply this provision when considering the postponement of limitation periods in claims involving a fraud, deliberate concealment, including the deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time, and claims involving mistakes of law or fact. It also provides guidance on what constitutes ‘reasonable diligence’ for the purposes of LA 1980, s 32(1).

It is intended to be read in conjunction with Practice Note: Limitation and extensions of time—key and illustrative decisions, which summarises a number of key and/or illustrative decisions which considered the application of LA 1980, s 32.

For information on the circumstances when an extension to a limitation period might otherwise be permitted pursuant to LA 1980, see Practice Notes:

  1. •

    Limitation—extensions of time under the Limitation Act 1980

  2. •

    Limitation—latent damage

For more general guidance on limitation issues, see: Limitation—overview, as well as Practice Notes:

  1. •

    Limitation Act 1980—general application

  2. •

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Jurisdiction(s):
United Kingdom
Key definition:
Fraud definition
What does Fraud mean?

The offence of fraud under the Fraud Act 2006, s 1, may be committed by: (a) dishonestly making a false representation (to a person, or to any system or device) with a view to gain or with intent to cause loss or expose to a risk of loss; (b) dishonestly (and with a view to gain or with intent to cause loss, etc) failing to disclose information when under a legal duty to disclose it; or (c) dishonest abuse of position, with a view to gain or to cause loss, etc. It is irrelevant whether gain, loss or exposure to loss actually occurs.

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