The Importance of a Fair Trial

The prospects of a fair trial are important. The limitation acts are designed to protect defendants from the injustice of having to fight still claims, especially when any witnesses the defendant might have been able to rely on are not available or have no recollection. It is therefore particularly relevant whether and to what extent, the defendant's ability to defend the claim has in fact, been prejudiced by the lapse of time because of the absence of relevant witnesses and documents. If it cannot take place, it is very unlikely to be equitable for the defended to meet the claim. But if a fair trial can take place, that is not the end of the matter.