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LIMITATION ACT 1969 - SECT 74
Set off etc
74 Set off etc
(1) Where, in an action (in this section called
"the principal action" ), a claim is made by way of set off, counterclaim or
cross action, the claim, for the purposes of this Act-- (a) is a separate
action, and
(b) is, as against a person against whom the claim is made,
brought on the only or earlier of such of the following dates as are
applicable-- (i) the date on which the person becomes a party to
the principal action, and
(ii) the date on which the person becomes a party
to the claim.
(2) This section extends to a claim by way of set off made by a
defendant under the Civil Procedure Act 2005 , even if one or more of the
debts giving rise to the set off became due and payable after the date on
which the defendant became a party to the principal action, so long as at
least one of those debts became due and payable on or before that date.
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