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Remedies in Construction Law

CHAPTER 28


Page 487

Limitation

28.1 The law’s intent that wrongs should be remedied is balanced by the view that stale claims that are not pursued with reasonable promptness should be allowed to die. The latter policy finds reflection in the Limitation Act 1980 as amended. Equally, although the law seeks to discourage stale claims, the prospect of a defendant availing itself of a limitation defence is not a sufficient reason to justify a party prematurely issuing speculative and inadequately particularised claims. Doing so can amount to an abuse of process.1

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