Limitation in English Civil Law
Limitation in English Civil Law: Strategic Guidance for Professional negligence claims
Understanding limitation periods is essential for those navigating English civil litigation, particularly in the context of professional negligence. Limitation determines the deadline by which a legal claim must be issued. After expiry, the claim will usually be struck out—regardless of its substantive strength—unless a statutory exception applies. This is not a mere technicality. A failure to act in time can irrevocably defeat a meritorious case.
The Limitation Act 1980 is the primary legislative source, though the courts have developed a complex and nuanced body of case law interpreting it, particularly in professional negligence contexts. This article offers a structured and authoritative analysis of limitation law, tailored to the needs of sophisticated litigants—business owners, institutional clients, and legal advisers—who must evaluate whether a claim is live or time-barred, or whether to plead limitation in defence.
Principal Statutory Limitation Periods under the Limitation Act 1980
| Cause of Action | Limitation Period |
|---|---|
| Simple Contract | 6 years from breach (s.5 LA 1980) |
| Tort (non-personal injury) | 6 years from when damage is first suffered (s.2 LA 1980) |
| Tort (personal injury) | 3 years from injury or knowledge (s.11 LA 1980) |
| Deed / Specialty | 12 years from breach (s.8 LA 1980) |
| Contribution Claims | 2 years from judgment or settlement (s.10 LA 1980) |
| Latent Damage (Professional Negligence) | 3 years from knowledge; 15-year longstop (s.14A & s.14B LA 1980) |
| Fraud, Concealment, or Mistake | From date of discovery or when reasonably discoverable (s.32 LA 1980) |
| Trustee: Fraudulent Breach of Trust | No limitation period (s.21(1)(a) LA 1980) |
| Trustee: Non-Fraudulent Breach of Trust | 6 years from breach (s.21(3) LA 1980) |
| Mortgage Principal | 12 years from default (s.20(1) LA 1980) |
| Mortgage Interest | 6 years from when interest became due (s.20(5) LA 1980) |
| Enforcing a Judgment (UK) | 6 years from date judgment became enforceable (s.24(1) LA 1980) |
| Professional Negligence (Standard) | 6 years from breach, or 3 years from knowledge if s.14A applies |
| Professional Negligence (Latent Discovery) | 3 years from date of knowledge; subject to 15-year longstop (s.14A LA 1980) |
Contractual Claims
Claims founded upon breach of a simple (i.e. non-specialty) contract must be issued within six years from the date on which the cause of action accrued (section 5, LA 1980). Accrual occurs upon breach, not upon loss. This is well-established in authority (see Bell v Peter Browne & Co [1990] 2 QB 495).
Tortious Claims
Actions founded on tort—excluding personal injury—are similarly subject to a six-year limitation period from the date when the damage is first sustained (section 2, LA 1980). In negligence, actionable damage must be real and appreciable (Khan v Falvey [2002] EWCA Civ 400).Where the claim includes personal injury or death, section 11 imposes a three-year period, commencing on the date of accrual or the claimant’s date of knowledge, whichever is later. Judicial discretion to disapply the limitation period arises under section 33.
Specialties
A 12-year limitation period applies to obligations arising under deeds (section 8, LA 1980), including contractual covenants executed as deeds and certain statutory liabilities construed as specialty obligations.
Contribution Claims
Contribution proceedings under the Civil Liability (Contribution) Act 1978 are subject to a two-year period from the date of judgment, award, or agreed settlement triggering contribution (section 10, LA 1980).
Latent Damage in Professional Negligence: Section 14A LA 1980
Section 14A is of critical relevance in professional negligence cases. Where a claimant did not know, and could not reasonably have known, of the damage or its attribution to the professional’s conduct, time may run from a later date than accrual. The statute provides an alternative three-year period from the claimant’s date of knowledge, subject to an absolute longstop of 15 years from the date of the defendant’s act or omission.
The leading authority remains Haward v Fawcetts [2006] UKHL 9. The House of Lords held that time does not run until the claimant knows there is a real possibility that the loss was caused by the act or omission alleged to constitute negligence. As Lord Nicholls stated:
“The conduct alleged to constitute negligence was not the mere giving of advice. The conduct… was the giving of flawed advice” (Haward at [19]).
Crucially, knowledge must be sufficient to justify “embarking on the preliminaries to litigation”—it need not include precise particulars, but it must capture the essence of what the complaint would later be:
“The claimant must know enough for it to be reasonable to begin to investigate further” (ibid at [9]).
This approach was most recently affirmed by the Court of Appeal in Witcomb v J Keith Park Solicitors [2023] EWCA Civ 326. There, the claimant had been advised to settle a personal injury claim in full and final terms, without any consideration of provisional damages. It was only years later, following an unforeseen deterioration in condition, that he was alerted to the earlier omission.The Court stated: “Where the essence of the allegation of negligence is the giving of wrong advice, time will not start to run under section 14A until a claimant has some reason to consider that the advice may have been wrong” (Thirlwall LJ at [36]).
Moreover:“Where the essence of the allegation is an omission to give necessary advice, time will not start to run under section 14A until the claimant has some reason to consider that the omitted advice should have been given” (ibid at [37]).
These authorities together provide a clear standard: in professional negligence claims, limitation under section 14A requires knowledge not merely of damage, but of the potential inadequacy of the professional’s conduct in causing it.
Section 32: Fraud, Deliberate Concealment and Mistake
Where fraud, deliberate concealment or mistake is alleged, section 32 of the Limitation Act suspends time until discovery or the date when the claimant could with reasonable diligence have discovered the relevant facts. This provision frequently applies in fiduciary, financial and misrepresentation contexts.
Section 33: Discretionary Extension in Personal Injury Claims
Where a personal injury claim is out of time under section 11, the court may disapply the limitation period if it considers it equitable to do so. The statutory factors include the length and reasons for delay, and the effect on evidential fairness. The discretion is rarely exercised where the defendant suffers prejudice.
Procedural Imperatives: Bringing and Serving Claims
A claim is “brought” for limitation purposes when the court receives the claim form—not when it is issued or served (see St Helens MBC v Barnes [2006] EWCA Civ 1372). It is therefore critical to ensure that delivery is documented and verifiable.Once issued, claim forms must be served within four months (CPR 7.5). Failure to serve within time without a court-granted extension will invalidate the claim and may result in limitation expiry (see Hashtroodi v Hancock [2004] EWCA Civ 652).
Standstill Agreements
In commercial and professional disputes, parties may enter into a standstill agreement to suspend the running of time. These agreements must be carefully drafted. Poorly worded standstills have been rejected by the courts (Russell v Stone [2017] EWHC 1555 (TCC)). Negotiations should begin at least six months before expiry to avoid prejudicial delay.
Conclusion
Limitation periods are not merely procedural—they can be outcome-determinative. Nowhere is this more apparent than in professional negligence litigation, where the date of knowledge under section 14A often becomes the battleground.
Carruthers Law advises both claimants and defendants in complex limitation disputes. Whether you are assessing the viability of a late claim or formulating a robust limitation defence, our team can provide bespoke, strategic legal support rooted in deep knowledge of current case law and procedure. Call Carruthers Law on 0151 541 2040 or email us to arrange a consultation.