Type of claim |
Time limit |
Notes |
Links |
Statutory ref |
Last updated |
Author |
Breach of 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- |
27th Sept 2018 |
HJS |
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Breach of contract |
12 years from breach |
"specialty" is another word for a deed, viz a document which is signed, sealed and delivered |
27th Sept 2018 |
HJS |
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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 |
27th Sept 2018 |
HJS |
|
Personal injury or death |
3 years |
Can be extended by the Court (Limitation Act s.33) |
27th Sept 2018 |
HJS |
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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 |
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) |
|
1st Oct 2018 |
HJS |
Libel or slander |
1 year |
Can be extended by the Court (Limitation Act s.32A) |
27th Sept 2018 |
HJS |
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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 - |
New time limit rules for landlord notices apply from 1st October 2015 (see Deregulation Act 2015) |
27th Sept 2018 |
HJS |
|
Action to recover land |
12 years |
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27th Sept 2018 |
HJS |
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Claims in Equity |
no specified period |
no specified limitation period |
Wikipedia notes on laches and acquiescence which may prevent a delayed claim. |
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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 |
4th Sept 2018 |
HJS |
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Employment and Discrimination Law claims |
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See notes at Employment Law and/or at Employment Tribunals |
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Judicial Review |
Generally 3 months |
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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" |
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Human Rights Act 1998 s.7(5) |
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Defective Premises Act claims |
6 years |
Time runs from completion of the building (or in respect of further work from completion of that work) |
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Limitation Act 1980 s.9 |
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