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, time limits are set mainly by the Limitation Act 1980 and related statutes.
Concerned about a deadline? Speak to a solicitor today. Call 0151 541 2040 or 0203 846 2862, or email us.
Why limitation periods matter
- Once the period expires, the claim is usually time barred.
- The court can extend time only in limited categories of case.
- Delay increases the risk that evidence and documents will be unavailable.
Key time limits at a glance
| Type of claim | Primary time limit | When time starts | Notes |
|---|---|---|---|
| Simple contract | 6 years | Breach | |
| Negligence, not personal injury | 6 years | Damage | See latent damage and section 14A below. |
| Personal injury | 3 years | Injury or knowledge | Court discretion under section 33. |
| Fatal Accidents Act claims | 3 years | Death or knowledge | Court discretion under section 33. |
| Under a deed | 12 years | Breach | |
| Contribution claims | 2 years | Judgment, settlement, or payment | Section 10 of the 1980 Act. |
| Defamation and malicious falsehood | 1 year | Publication | Court discretion to extend under section 32A. |
| Breach of trust, not fraudulent | 6 years | Breach | No limitation for fraudulent breach or trust property claims. |
| Defective Premises Act 1972, dwellings completed before 28 June 2022 | 30 years | Completion of the dwelling | Retrospective extension under the Building Safety Act 2022. |
| Defective Premises Act 1972, dwellings completed on or after 28 June 2022 | 15 years | Completion of the dwelling | Prospective extension under the Building Safety Act 2022. |
Time limits can be displaced where the statute permits, for example fraud, deliberate concealment, or mistake.
When does time start to run
The clock usually starts when the cause of action accrues. In contract, this is the date of breach. In negligence, it is the date actionable damage is first suffered. In some situations the law postpones the start, for example where damage is latent or where wrongdoing was concealed.
Latent damage and section 14A
In negligence claims that do not involve personal injury, section 14A can give a further three year period from the claimant’s date of knowledge. A long stop of fifteen years from the defendant’s act or omission applies under section 14B. The date of knowledge test is fact sensitive, so early advice is essential.
For a detailed application of section 14A see our article on Limitation and date of knowledge.
Fraud, concealment, and mistake
Where a defendant has fraudulently concealed the claim or relevant facts, limitation is postponed until discovery of the fraud or when it could with reasonable diligence have been discovered. Similar rules apply to mistakes. These provisions are applied carefully by the courts, and they are not a general discretion to extend time.
Building Safety Act 2022, the 30 year retrospective period
The Building Safety Act 2022 extended the limitation period for claims under the Defective Premises Act 1972. For dwellings completed before 28 June 2022, the period is now thirty years. For dwellings completed on or after that date, the period is fifteen years. The change has practical consequences for developers, contractors, professionals, and building owners, including the need for long term document retention and insurance review.
Can the court extend time
The court has a statutory discretion to extend time in personal injury and fatal accident claims. There is no general discretion in other categories. Standstill agreements can preserve a claim for a short period if carefully drafted, but they are not a substitute for issuing in time.
Practical steps
- Record the earliest possible accrual date and the earliest possible expiry date.
- Do not wait for complete evidence if limitation is approaching, issue a protective claim and seek directions.
- Consider whether section 14A, section 32, or the Building Safety Act may affect timing.
- Preserve documents and obtain early expert input where needed.
Related reading
Need advice on a limitation deadline
We act for claimants and defendants across England and Wales. For clear, prompt advice on limitation, call 0151 541 2040 or 0203 846 2862, or email us. Disclaimer. This article provides general information only. It is not legal advice and must not be relied on as such. Legal advice should be taken on the facts of your case.