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Is your Claim against someone Time Barred?
Every now and then, we come across clients who’ve waited too long before approaching a lawyer to commence their civil claims against someone else. No matter how justified their claim is, and no matter how unjust it would be to deny them relief in the courts, their claims are barred by the law because they waited too long.
The law basically tells potential plaintiffs that they have to make their claims in time to obtain the courts’ help. It also protects potential defendants from living their lives in fear, waiting their whole lives (or a very long time) for a lawyer’s letter or a Writ of Summons over some perceived wrong they may have committed in the past.
So, how long do you have before you can rightfully file a civil claim in the courts? This depends on:
- the type of claim you are making,
- the type of remedies you are seeking,
- when your right to file a civil suit commenced for the matter,
- the type of court you are commencing your civil suit in, and
- any special reasons why the time limit should be extended in your case.
Let’s discuss the various limitation periods. Do take note that the laws on time-barred claims are predominantly governed by the Limitation Act of Singapore.
We shall cover the following:
- Claims Based on Contract
- Claims Based on Tort
- Claims Based on Defamation (Tort)
- Claims Based on Negligence, Nuisance or Breach of Duty Without Personal Injury (Tort)
- Claims Based on Negligence, Nuisance or Breach of Duty with Personal Injury (Tort)
- Claims over Death Caused by Wrongful Act, Neglect or Default (Tort)
- Claims to Enforce Judgments
- Claims to Recover Land
- Can the Limitation Period be Extended?
- The Small Claims Tribunals
- The Employment Claims Tribunals
- A Practical Consideration
Claims Based on Contract
If your claim is based on someone else’s breach of a contract:
- Period: 6 years
- When does the period start: From the date of the breach
Claims Based on Tort
In situations where you do not have a contract to rely on, your claim may be a tortious claim. A tort is basically a situation where:
- someone owes you a duty of care,
- negligently or otherwise failed to exercise that duty of care, and
- such failure resulted in a loss, damage or injury to you.
Torts include, but are not limited to:
- Negligence
- Nuisance
- Breach of Duty
- Defamation
- Death by Wrongful Act
- Intellectual Property Infringements
- Insurance Claims
Claims Based on Defamation (Tort)
In situations where someone else has defamed you with libellous or slanderous words or published materials:
- Limitation Period: 6 years
- When does the period start: From the date you suffered loss or damage, or, in the case of published materials, the date of publication.
- Note: Even if you file your claim within the limitation period unless there are exceptional circumstances, the courts generally are less likely to rule in your favour if you wait too long.
Claims Based on Negligence, Nuisance or Breach of Duty Without Personal Injury (Tort)
For such claims where there is no personal injury suffered:
- Limitation Period: 6 years
- When does the period start: From the date the damage or loss occurred
- Special scenario: If you did not have the required knowledge to start a civil suit when the damage or loss occurred, you have three years from the earliest date you had the required knowledge to start the civil action and the right to commence such an action.
- Required knowledge: This generally means knowledge (i) of the identity of the defendant, (ii) of the material facts relating to the damage or loss that would justify a civil suit, and (iii) that the damage or loss was caused by the alleged act or omission.
- Note: There is an overriding limit of 15 years from the date of the act, which caused the damage or loss for you to file your claim in the courts.
Claims Based on Negligence, Nuisance or Breach of Duty with Personal Injury (Tort)
For such claims where there are personal injuries suffered:
- Limitation Period: 3 years
- When does the period start: From the date the injury was sustained
- Special scenario: If you did not have the required knowledge to start a civil suit when the injury was sustained, you have three years from the earliest date you had the required knowledge to start the civil action and the right to commence such an action.
- Required knowledge: This generally means knowledge (i) of the identity of the defendant, (ii) of the material facts relating to the injury that would justify a civil suit, and (iii) that the injury was caused by the alleged act or omission.
- Note: There is an overriding limit of 15 years from the date of the act, which caused the injury for you to file your claim in the courts.
Claims over Death Caused by Wrongful Act, Neglect or Default (Tort)
Such claims are typically commenced by the dependents of the deceased person.
For such claims:
- Limitation Period: 3 years
- When does the period start: From the date of death
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Claims for Specific Performance or Injunction
Claims for specific performance are normally made in contractual claims, while claims for injunctions are normally made in tortious claims (and sometimes in contractual claims as well). If granted, both specific performance and injunction orders compel the defendant to do or stop doing something.
For both specific performance and injunction claims:
- Limitation Period: 6 years
- When does the period start: From the date of the breach of contract or from the date the damage or loss was incurred.
Claims to Enforce Judgments
If you obtained a court judgment in your favour, and the other party refused or otherwise failed to comply with the court’s orders in the judgment, you may take up enforcement proceedings against the other party. For such claims:
- Limitation Period: 12 years
- When does the period start: From the date the judgment became enforceable (this may not be the date of the judgment)
Claims to Recover Land
If you want to recover land, money secured by mortgage or charge on land or proceeds of the sale of land:
- Limitation Period: 12 years
- When does the period start: From the date the right to sue arose
Can the Limitation Period be Extended?
In 2 main circumstances, the limitation period may be extended. The law allows for the start of any limitation period prescribed in the Limitation Act to be postponed (and thereby extending the limitation period) in cases of fraud or mistake.
If the defendant had perpetrated a fraud on the plaintiff, or if the fraud concealed the right of action from the plaintiff or if the cause of action is based on seeking relief for the consequences of a mistake, the law allows the start of the limitation period to be calculated from the date the plaintiff discovered the fraud or mistake, or from the date on which the plaintiff could have discovered it had he exercised reasonable diligence.
The law also allows for limitation periods to be postponed in case of disability. Disability applies where the claimant is below 21 years old or where the claimant lacks the mental capacity to commence a civil suit. In such cases, the limitation period only begins from the date the claimant is no longer under a disability (he reaches 21 years old in age, or he no longer is mentally incapacitated) or dies.
The Small Claims Tribunals
If your claim falls under the Small Claims Tribunal, and you wish to commence proceedings there:
- Limitation Period: 2 years
- When does the period start: From the date the right to sue arose
Need Advice ?
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At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
The Employment Claims Tribunals
If your claim falls under the Small Claims Tribunal, and you wish to commence proceedings there:
- Limitation Period: 1 year
- When does the period start: From the date the dispute arose
If you are no longer employed by the company you intend to claim against:
- Limitation Period: 6 months
- When does the period start: From the last day of work
A Practical Consideration
Even if you file your claim outside of the limitation period, your claim may still be heard by the courts unless the defendant formally raises the limitation period in his defence.
Nevertheless, it would be best to file your claim in time.
Conclusion
We have covered the most important limitation periods generally in this article. There are other limitation periods that apply, for example, to claims for contribution or to claims where the applicable law in a matter is the law of another country.
How We Can Help You
Do approach us for further advice on your potential claims if you have any concerns that you may have waited too long. This is where we come in.
At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process, explain each and every stage of your matter, and see you to safety on the other side.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.