Ascertaining the limitation period of a claim will determine whether a proposed claimant has a chance at bringing a claim; or if they are time barred altogether. It is important to take heed of and adhere to timelines for initiating court actions.
Limitation periods are provided for in limitation legislation (and/or in limitation related statutory provisions). While the Court has the power to override limitation periods based on its consideration of certain factors, one should make best efforts to take the matter to the Court on time!
Some examples of current limitation periods in Trinidad & Tobago
��� Simple contract – Action expires 4 years after the cause of action arose. [N/A to contract made by Deed].
��� Negligence, nuisance and other tort claims – Action expires 4 years after the cause of action arose.
��� Enforcement of Judgment – Action expires 12 years after the date of final judgment.
��� Enforcement of arbitrator’s award (under arbitration agreement) – Action expires after 4 years. [N/A to agreement made by Deed].
��� Workmen’s Compensation – Claim for the recovery to be made within 1 year from the occurrence of the accident (or, in case of death, from the time of death).
Where an adult workman receives compensation for injury by accident (arising at or in the course of employment) no action shall be brought against the employer for compensation independently of the Act after the expiration of 4 years from the date of the cause of action.
��� Judicial Review – Application to be made within 3 months from date the grounds for the application first arose.
��� Real Property Limitation – No person shall make an entry or distress, or bring an action to recover any land or rent, but within 16 years after the right of action accrued.
��� Remedies of Creditors – Judgments must be registered within 3 years from the date of the entry (and re-registered within 3 year intervals).
Further information can be found here: https://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/7.09.pdf