Limitation in English Civil Law
Limitation in English Civil Law, Strategic Guidance for Professional Negligence Claims
A limitation period is the legal deadline for starting a claim. If you issue after time has expired, the claim will usually be struck out, regardless of its merits. Professional negligence claims often raise complex questions about when time starts to run and whether any statutory extensions apply. Early advice is essential.
Urgent deadline or close to expiry. Call 0151 541 2040 or 0203 846 2862, or email us for prompt assistance.
Key time limits relevant to professional negligence
| Cause of action | Primary period | When time starts | Notes |
|---|---|---|---|
| Contract | 6 years | Breach of contract | 12 years if under a deed |
| Negligence, not personal injury | 6 years | First actionable damage | Section 14A may extend, see below |
| Contribution between defendants | 2 years | Judgment, settlement, or payment | Section 10, Limitation Act 1980 |
| Defamation or malicious falsehood | 1 year | Publication | Discretion to extend in limited cases |
| Defective Premises Act 1972, works completed before 28 June 2022 | 30 years | Completion of the dwelling | Retrospective extension under the Building Safety Act 2022 |
| Defective Premises Act 1972, works completed on or after 28 June 2022 | 15 years | Completion of the dwelling | Prospective extension under the Building Safety Act 2022 |
When does time start to run
Time usually runs from accrual of the cause of action. In contract, this is the date of breach. In negligence, this is when the claimant first suffers measurable loss. The date can be earlier than when the loss is discovered. Careful analysis of the factual sequence is vital.
Section 14A, latent damage in negligence
For negligence claims that do not involve personal injury, section 14A can provide an alternative 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 knowledge test is objective and fact sensitive. It is prudent to assume an early knowledge date unless the evidence clearly supports a later one.
For a focused analysis in the context of solicitors’ negligence, see Limitation period and date of knowledge, solicitors’ negligence.
Fraud, deliberate concealment, or mistake
Section 32 postpones limitation where the defendant has committed fraud, concealed facts relevant to the claim, or where the claim is based on mistake. The postponement lasts until discovery or when discovery could with reasonable diligence have been made. The courts apply these provisions strictly. They are not a general safety net for delay.
Building Safety Act 2022, the 30 year retrospective period
The Building Safety Act 2022 extended limitation for claims under the Defective Premises Act 1972. For dwellings completed before 28 June 2022 the period is thirty years. For dwellings completed on or after that date the period is fifteen years. The change has revived some claims that would previously have been time barred and has practical consequences for professionals, developers, and building owners, including document retention and insurance arrangements.
Standstill agreements
A properly drafted standstill agreement can pause time for a short period. It must be agreed before expiry and should define the claims and the period clearly. Standstills do not cure an expired limitation period. They are not a substitute for issuing protective proceedings where time is tight.
Common accrual scenarios in professional negligence
- Solicitors. Missed limitation in an underlying claim, loss usually accrues when the original claim is lost as a result of the breach. Poor drafting or advice may cause earlier loss, for example entry into a disadvantageous settlement or transaction.
- Surveyors and valuers. Overvaluation or negligent measurement can cause immediate loss on entry into the transaction. Later discovery does not delay accrual, consider section 14A for a secondary period.
- Accountants and tax advisers. Defective tax advice can cause loss when an exposure is created, not only when HMRC later assesses. The facts control the analysis.
Practical steps
- Calculate the earliest credible expiry date and plan backwards from that date.
- Do not wait for perfect evidence. If time is short, issue protective proceedings and seek directions.
- Consider whether section 14A, section 32, or the Building Safety Act applies.
- Preserve documents and obtain early expert input where it may affect accrual or knowledge.
Related pages
- Limitation period and date of knowledge, solicitors’ negligence
- Limitation periods in English law, key time limits explained
- Professional Negligence Solicitors
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.