Limitation Periods
Limitation Periods in English Law – What You Need to Know
A limitation period is the legal deadline for bringing a court claim. If you miss it, you may lose your right to sue – no matter how strong your case is. In England and Wales, these time limits are set by the Limitation Act 1980.
Why Limitation Periods Matter
- You may be permanently barred from making a claim once the deadline expires.
- The court has very limited discretion to extend time, and only in specific types of cases.
- Delay increases the risk of evidence becoming unavailable or incomplete.
Key Limitation Periods at a Glance
| Type of Claim | Time Limit |
|---|---|
| Simple contract disputes | 6 years from breach |
| Negligence (not involving personal injury) | 6 years from when the damage occurred |
| Personal injury | 3 years from the date of injury or knowledge |
| Claims under a deed | 12 years from breach |
| Fraud or deliberate concealment | Time runs from the date of discovery |
| Contribution claims | 2 years from judgment or payment |
| Breach of trust (non-fraudulent) | 6 years |
When Does Time Start to Run?
Usually, the clock starts when the cause of action arises—for example, the date of a contract breach or the moment damage is suffered. But in some cases, such as professional negligence or fraud, time may start running later if the claimant could not have reasonably discovered the wrongdoing earlier.
Can the Deadline Be Extended?
Courts have limited discretion to extend time in certain types of claims, such as:
- Personal injury or fatal accident claims (section 33 discretion)
- Latent damage in negligence claims (section 14A)
- Fraud or concealment (section 32)
That said, these exceptions are narrowly applied. You should always take advice long before any deadline is at risk of expiring.
Common Mistakes to Avoid
- Assuming the time limit starts when you find out about the issue – this is not always the case.
- Relying on informal settlement discussions without issuing a protective claim.
- Missing deadlines because you’re waiting for documents, expert reports or instructions.
What You Should Do
If you think you may have a claim, or if someone is threatening legal action against you, seek advice immediately. Time is critical. Even if it appears a deadline has passed, there may still be options available – especially in complex or professional negligence cases.
Carruthers Law Can Help
We specialise in limitation law and litigation strategy. Whether you’re making a claim or facing one, we can provide clear, prompt and expert advice on your legal position.
Call Carruthers Law on 0151 541 2040 or email info@carruthers-law.co.uk today.
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