When Does the Cause of Action for Breach of Duty in Equity Begin in the UK?

Question from Dave, When Does the Cause of Action for Breach of Duty in Equity Begin in the UK?

Answer from AI:

In the United Kingdom, the cause of action for a breach of duty in equity generally begins from the date the loss was suffered. However, the specifics can vary depending on the circumstances of the case and the nature of the breach.

Limitation Act 1980

The Limitation Act 1980 is the primary legislation that governs the time limits for bringing a claim in the UK. According to this Act, the limitation period for a breach of trust is generally six years from the date of the breach. However, there are exceptions to this rule.

Knowledge of Breach

In some cases, the limitation period may not start until the claimant has knowledge of the breach. This is particularly relevant in cases of fraud, concealment or mistake. According to Section 32 of the Limitation Act 1980, where there is a deliberate concealment of any fact relevant to the claimant’s right of action, the limitation period does not begin until the claimant has discovered the concealment or could with reasonable diligence have discovered it.

Loss Suffered

In other cases, the limitation period begins from the date the loss was suffered. This is often the case in negligence claims, where the claimant may not be aware of the breach until they have suffered some harm or loss.

Seeking Legal Advice

Determining the exact date when the cause of action begins can be complex and depends on the specific facts of the case. Therefore, it is strongly recommended that individuals consult with a legal professional for personalized advice.

Useful Resources

• The Limitation Act 1980 provides detailed information about the limitation periods for different types of claims.
• The UK Judiciary’s guide to civil court proceedings offers a general overview of the process of bringing a claim.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Please consult with a legal professional for advice tailored to your specific circumstances.