L10 Web Stats Reporter 3.15
Topics



What is a civil case?
Matters to be considered before starting a civil action
How to start a civil action
How to defend myself against a civil action
Preparing a case for a court trial
What kinds of applications may be made to court before the commencement of a trial?
How do I fix a trial date and what may happen at a trial?
What can I do if I lose the case (how to appeal)?
Can I recover all my legal costs if the court orders the other party to pay my legal costs?
How to enforce a judgment after winning a case in court
Judicial Review
Related Websites

7. Is there any deadline for starting a civil action?

BackPrintEmail this page to a freind Next

There is always a deadline for starting a civil action against another. The deadline to start a civil action is prescribed in the Limitation Ordinance. For example, a civil action for breach of a commercial contract must be instituted within 6 years from the date on which the breach of contract happened ( section 4(1)(a) of the Limitation Ordinance , Cap. 347 of the Laws of Hong Kong). In respect of a claim which causes personal injuries, the time limit is 3 years ( section 27(4) of the Limitation Ordinance ). Action for employees' compensation/work-related injuries must be brought within 2 years from the date of the accident that causes the injury ( section 14(1) of the Employees' Compensation Ordinance , Cap. 282).

The time limits set out in the Limitation Ordinance can only be extended in exceptional circumstances, such as where the plaintiff was mentally incapacitated for a certain period or the action is based upon the fraud of the defendant (the time limit only begins to run after the plaintiff has recovered from the mental illness or has recognised the fraud).

Despite the time limits set out in the Limitation Ordinance, you should always start your claim as early as possible and should not wait until the last minute. If you are not sure about the time limit for your case, you should consult a lawyer.