A person who waits too long to bring a civil claim can lose the right to bring it at all. In England and Wales the main deadlines are set by the Limitation Act 1980, which gives different periods for different kinds of claim, and a short list of situations in which the clock starts late or pauses. This guide covers England and Wales only; Scotland and Northern Ireland have their own limitation law, and employment tribunal claims have separate, much shorter deadlines.
The basic periods for contract and tort
Section 5 of the Act provides that an action founded on simple contract may not be brought after six years from the date on which the cause of action accrued. Section 2 sets the same six years for actions founded on tort, such as negligence or nuisance, again running from the date the cause of action accrued. Section 8 gives twelve years for an action upon a specialty, which covers a contract made by deed. The practical steps for a smaller claim are in the guide to bringing a small claim.
Personal injury claims: three years
Personal injury has its own rule. Under section 11, an action for damages for negligence, nuisance or breach of duty that includes damages for personal injuries must be brought within three years of either the date the cause of action accrued or, if later, the "date of knowledge" of the injured person. The general tort period in section 2 does not apply to these claims. If the injured person dies within that period, section 11 gives the estate three years from the date of death or the personal representative’s date of knowledge, whichever is later. A road accident claim may follow the streamlined route in the guide to low-value road accident claims, but the limitation period is the same.
Negligence where the damage is not obvious
Section 14A applies to negligence claims, other than personal injury, where the facts relevant to the claim were not known when the cause of action accrued. The period is either six years from accrual or three years from the "starting date", whichever expires later. The starting date is the earliest day on which the claimant had both the knowledge needed to bring an action and a right to bring it. That knowledge covers the material facts about the damage, that the damage is attributable to the alleged act or omission, and the identity of the defendant. Knowing that the facts amounted to negligence as a matter of law is irrelevant.
Defamation: one year
Section 4A disapplies the six-year tort period for libel, slander, slander of title, slander of goods and other malicious falsehood. No such action may be brought after one year from the date the cause of action accrued. The Defamation Act 2013 adds a single publication rule: where a statement is published to the public and then republished in substantially the same form, the time limit runs from the first publication, unless the manner of the later publication is materially different. The substantive law is summarised in the guide to defamation in England and Wales.
Judgments and land
Section 24 provides that no action may be brought upon a judgment after six years from the date on which the judgment became enforceable, and arrears of interest on a judgment debt cannot be recovered after six years from when the interest became due. That is separate from the enforcement methods themselves, which are described in the guide to enforcing a court judgment. For land, section 15 sets twelve years from the date the right of action accrued for an action to recover it, and Schedule 1 contains further rules for deciding when the right of action accrues.
Fraud, concealment, mistake and disability
Section 32 postpones the start of the period in three situations: the action is based on the defendant’s fraud, a fact relevant to the right of action has been deliberately concealed by the defendant, or the action is for relief from the consequences of a mistake. In each case the period does not begin until the claimant has discovered the fraud, concealment or mistake, or could with reasonable diligence have discovered it. Deliberately committing a breach of duty in circumstances where it is unlikely to be discovered for some time counts as deliberate concealment.
Section 28 extends time for a person under a disability when the right of action accrued. In the ordinary case the action may be brought within six years of the person ceasing to be under the disability, or dying, whichever happens first, with three years in personal injury cases and one year for libel or slander.
FAQs
Does a claim become worthless once the period ends?
The Act says an action shall not be brought after the relevant period expires. A claimant who is out of time therefore faces a limitation defence, and anyone in that position should take advice promptly.
Do the periods apply to employment tribunal claims?
No. Tribunal claims have separate, much shorter time limits, explained in the guide to ACAS early conciliation and tribunal time limits.
What if I am unsure when the cause of action accrued?
The date depends on the type of claim and on the facts, so it is safest to assume the earliest plausible date and act early rather than rely on a later one.
The bottom line
The Limitation Act 1980 sets six years for most contract and tort claims, three years for personal injury, twelve years for specialties and land, six years to enforce a judgment and only one year for defamation, with postponement for fraud, concealment, mistake and disability. Because the periods run from different starting points, anyone considering a claim in England and Wales should identify the type of claim early and take legal advice. This is general information, not legal advice.
Sources
- legislation.gov.uk, “Limitation Act 1980, section 2: Time limit for actions founded on tort”
- legislation.gov.uk, “Limitation Act 1980, section 5: Time limit for actions founded on simple contract”
- legislation.gov.uk, “Limitation Act 1980, section 11: Special time limit for actions in respect of personal injuries”
- legislation.gov.uk, “Limitation Act 1980, section 14A: Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual”
- legislation.gov.uk, “Limitation Act 1980, section 4A: Time limit for actions for defamation or malicious falsehood”
- legislation.gov.uk, “Limitation Act 1980, section 32: Postponement of limitation period in case of fraud, concealment or mistake”
- legislation.gov.uk, “Limitation Act 1980, section 24: Time limit for actions to enforce judgments”
- legislation.gov.uk, “Defamation Act 2013, section 8: Single publication rule”