On your marks, get set, SUE!

One of the most important lessons that solicitors learn is not just about whether or not your client has a case, but how soon you have to bring that case to increase your chances of success.

Most people know that the statute of limitations is six years, but what they don’t always know is that there are some areas of law that aren’t covered by that legislation, and even if they are, the longer they leave their claim, the harder it can be to bring. Just because you can wait, doesn’t mean you should!

For example, most employment law claims have a very strict limit of 3 months less one day from the event being complained of.

If you’re applying to set aside a judgment, the rules say that you must make the application at the earliest opportunity. There is no strict time limit, but the longer you leave it to make your application (without a good reason) the greater the chances that the court will reject it, no matter how good your defence to the claim might be.

If you need relief from sanction (e.g. if you were ordered by a court to do something within a particular time and you aren’t going to be able to make it but the other side won’t agree to an extension of time) you must move fast and ideally issue your application BEFORE the deadline expires.

The time limits for adverse possession proceedings recently came under the spotlight, where the court has found that a short period of grace between becoming aware of the claim and issuing it is permissible, but because every case will turn on its own facts, no strict definition has been given to how short the period is.

The bottom line is that if you think you need legal advice on something (no matter what it is) the quicker you speak to a professional, the better. They may tell you that there’s no rush to take action and you can take your time to decide if you want to proceed, but if your situation does fall within one of the areas of law where time is of the essence, the sooner you find out about it, the better.

Kleyman & Co Solicitors. The full-service law firm. We know how to tell the time!