The clock is ticking

Jennifer Greengrass, of Clyde & Co LLP, considers a recent case in which the two sides argued whether the case was time-barred

When a party considers whether or not to bring a claim, it will need to determine whether or not the claim is subject to a time bar. If a defendant asserts that the limitation period has expired in respect of a claim, then the burden will fall on the claimant to prove that the time allowed for the claim has not expired. For these purposes, a claim is “brought” when the court receives the claim form.