Limitation Periods CASES

In English law, limitation periods set time limits for starting legal proceedings. They promote finality and evidential fairness. Most civil limits come from the Limitation Act 1980, with important special rules for personal injury, latent damage, product liability and defamation. Issuing a claim form within time “stops the clock” (subject to proper service). Limitation generally bars the remedy rather than extinguishing the right, although land and some trust contexts differ.

Definition and Principles

A limitation period is the time window within which a claimant must begin proceedings. Time usually runs from the date the cause of action accrues (for example, the date of breach in contract; the date damage occurs in tort). Some categories use “date of knowledge” tests and longstops. Courts have limited powers to disapply time limits (notably for personal injury and defamation) but otherwise apply them strictly.

Core Time Limits (headline guide)

• Contract (simple): 6 years from breach.
• Contract under deed: 12 years from breach.
• Tort (property/economic loss): 6 years from the date damage occurs.
• Personal injury: 3 years from injury or (if later) date of knowledge; court has a discretion to disapply (s.33).
• Fatal accidents: 3 years from death or the dependant’s date of knowledge.
• Defamation and malicious falsehood: 1 year, with a statutory discretion to extend where equitable.
• Contribution claims (between wrongdoers): 2 years from the date liability is fixed by judgment, award or settlement.
• Latent damage (non–personal injury negligence): alternative 3 years from date of knowledge, subject to a 15-year longstop from the negligent act/omission.
• Product liability (Consumer Protection Act 1987): 3 years from damage or date of knowledge of damage, defect and identity, subject to a 10-year longstop from when the product entered circulation.
• Recovery of land: generally 12 years (adverse possession regimes and registration rules apply).
• Breach of trust: typically 6 years; no limitation for fraudulent breach or where the trustee still holds the trust property.
• Enforcing judgments: 6 years (after which permission is usually needed).

Accrual: When Time Starts

• Contract: on breach, even if loss emerges later.
• Tort: when damage first occurs (not when the negligent act happened), subject to special latent damage rules.
• Continuing wrongs: some causes of action accrue day by day (for example, continuing nuisance or trespass).

Postponement, Suspension and Resetting

• Disability (minors; lack of capacity): time does not run while the disability persists (with category-specific nuances).
• Fraud, deliberate concealment, or mistake: time is postponed until discovery or when it could with reasonable diligence have been discovered.
• Acknowledgment and part-payment: for debts and certain claims, a signed acknowledgment or part-payment restarts time.
• Standstill agreements: parties can agree to suspend or not rely on limitation; draft carefully and diarise expiry.
• Pre-action steps and ADR do not stop time by themselves; issue before expiry if needed.

Issuing and Service

Issuing a claim form within the limitation period stops time, but it must then be served within its validity period (generally 4 months within the jurisdiction, 6 months for service out), unless the court extends time. Failure to serve in time can defeat the protective effect of issue.

Equity and Public Law

• Equitable claims: where no statutory period applies, the court may refuse relief for undue delay (laches/acquiescence). Some equitable claims adopt statutory periods by analogy.
• Judicial review: not a Limitation Act claim—must be brought promptly and within 3 months (often shorter in planning). Use your separate judicial review page for detail.

Practical Importance

Always identify (i) the correct category, (ii) when the cause of action accrued, (iii) any knowledge-based rules and longstops, and (iv) any grounds to postpone, disapply or reset time. Protect limitation early: issue protective proceedings or agree a properly drafted standstill if negotiations continue. For defendants, audit limitation meticulously—an otherwise strong claim can fail if issued late.

See also: Accrual; Date of knowledge; Personal injury limitation; Latent damage; Product liability; Defamation limitation; Standstill agreements; Service of claim forms; Laches and acquiescence.