Equity XXIV

12) Delay defeats equity. The Limitation Act 1980 lays down a limitation period after which the applicant or the litigant may not be successful. For example, Section 22 and 23 of the Act read as follows: -

Section 22 Time limit for actions claiming personal estate of a deceased person.

Subject to section 21(1) and (2) of this Act—

(a) no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and

(b) no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due.

Actions for an account

Section 23 Time limit in respect of actions for an account.

An action for an account shall not be brought after the expiration of any time limit under this Act which is applicable to the claim which is the basis of the duty to account.

Copyright © 2019 by Dyarne Jessica Ward