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The state pension is one paid to UK citizens, based on the amount of National Insurance Contributions they have paid whilst working.
[See ‘National Insurance Contributions’ and ‘NICs’.]
The Limitation Act 1980 imposes time limits (often referred to as ‘limitation periods’) within which a party to a contract must bring a claim, or give notice of a claim to the other party. Claims outside of these periods are called ‘statute barred’; in other words, action cannot be taken once the period has expired.
There are different limitation periods for different types of cause of action. A ‘cause of action’ is one under ‘contract’, or ‘the tort of negligence’, etc.
This period is six years for a normal contract claim … … and 12 years if the contract was created by deed (usually this is one that involves land, or large commercial contracts).
[See ‘ Limitation Period’.]
The term ‘statutory defence’ refers to where a specific defence to a civil or criminal offence is set out in the legislation alongside the offence.
For example, under section 214 Insolvency Act 1986 (wrongful trading) the section wording first sets out the offence and then states a defence (within the section). This is … the director or shadow director took steps to minimise potential loss.
In another offence, set out in the Insolvency Act, the wording of section 239 sets out what an officeholder must prove to demonstrate there has been a preference.
The section wording contains no defence. This means that if the steps are successfully taken by the officeholder the offence is proved and there will be no defence. If all of the steps to prove a preference cannot be taken this does not been there is a ‘defence’; it means the offence is not proven.
[See ‘Insolvency Act’, ‘Wrongful Trading’, ‘Director’, ‘Shadow Director’ and ‘Preference’.]
