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Limitation Periods

(England and Wales)

Type of claim

Time limit

Notes

Links

Statutory ref

Last updated

Author

Breach of contract
(simple contract)

6 years from breach

if there has been fraud, concealment or mistake time will not start to run until it is (or should reasonably have been) discovered (Limitation Act 1980 s.32)

Out-Law.com (Pinsent Masons) on Limitation periods under English Law

Limitation Act 1980 s.5

27th Sept 2018

HJS

Breach of contract
(deed)

12 years from breach

"specialty" is another word for  a deed, viz a document which is signed, sealed and delivered

The law dictionary



Limitation Act 1980 s.8

27th Sept 2018

HJS

general claims in tort

6 years from date of damage

eg a claim for professional negligence, nuisance or trespass.  Can be extended if no knowledge of damage (Limitation Act 1980 s.14a)

Notes on professional negligence claims by Wright Hassall, solicitors

Limitation Act 1980 s.2

27th Sept 2018

HJS

Personal injury or death

3 years

Can be extended by the Court (Limitation Act s.33)

Law Reform (Miscellaneous Provisions) Act 1934 s.1

Limitation Act 1980 ss.11 and 12

27th Sept 2018

HJS

Latent injury caused by negligence (excluding personal injury)

3 years from date when claimant knew or should have known of the damage

Subject to 6 years limit from date of damage, with absolute limit of 15 years from date on which the negligence happened

Thomson Reuters/Practical Law notes on The Latent Damage Act 1986

Limitation Act 1980 ss.14A(4) and 14B

1st Oct 2018

HJS

Contribution claims

2 years

applies where someone who has been successfully sued is entitled to recover contribution from some other person.

Aer Lingus v Gildacroft Ltd and Sentinel Lifts Ltd, [2006] EWCA Civ 4 (17th Jan 2006)

Limitation Act 1980 s.10


1st Oct 2018

HJS

Libel or slander

1 year

Can be extended by the Court (Limitation Act s.32A)

Defamation Act 1996 s.5

Limitation Act 1980 s.4A

27th Sept 2018

HJS

Arrears of rent

6 years

This 6 year period applies even if the liability arises under a deed (when limitation period is usually 12 years - see above).

New time limit rules for landlord notices apply from 1st October 2015 (see Deregulation Act 2015)

Limitation Act 1980 s.19

27th Sept 2018

HJS

Action to recover land

12 years



Limitation Act 1980 s.15

27th Sept 2018

HJS

Claims in Equity

no specified period

no specified limitation period

Wikipedia notes on laches and acquiescence which may prevent a delayed claim.


27th Sept 2018

HJS

HMRC tax claims

no time limit under Limitation Act 1980 but other provisions set time limits

The Limitation Act 1980  does NOT apply to recovery of tax. However a variety of time limits are set out in the Taxes Management Act 1970

HMRC Compliance Handbook

Limitation Act 1980 s.37

4th Sept 2018

HJS

Employment and Discrimination Law claims


See notes at Employment Law and/or at Employment Tribunals





Judicial Review

Generally 3 months




Civil Procedure Rules, CPR 54(5)



Human Rights Act claims against Public Authorities

1 year

The 1 year period can be extended if "the court or tribunal considers [this would be] equitable having regard to all the circumstances"


Human Rights Act 1998 s.7(5)



Defective Premises Act claims

6 years

Time runs from completion of the building (or in respect of further work from completion of that work)


Limitation Act 1980 s.9
and

Defective Premises Act 1972 s.1(5)



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