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Behind the terms: limitation periods — Articles

Limitation periods are one of the most important and underappreciated concepts in litigation. A claim that is perfectly valid on the facts will be struck out if it is brought out of time — and "time" starts running from a specific date that is often not obvious. This article unpacks the key periods, how they are calculated, and when they might be extended. For the formal definition, see the limitation period glossary entry. For a full table by claim type, see the limitation periods by claim type article.

The Limitation Act 1980: the starting point

The primary source is the Limitation Act 1980. It sets out different periods for different causes of action. The most common:

Contract (including debt): 6 years from the date of breach (s.5)
Tort (including negligence, except personal injury): 6 years from the date of damage (s.2)
Personal injury (negligence or breach of statutory duty): 3 years from the date of injury or date of knowledge (s.11)
Defamation: 1 year from publication (Defamation Act 1996, s.5)
Specialty contract (under seal/deed): 12 years (s.8)
Recovery of land: 12 years (s.15)

When does time start running?

For contract claims, the limitation period runs from the date of breach — the date the obligation was not performed, not the date the loss was discovered. This catches many claimants off guard: a defective building works contract may be more than 6 years old before the defect appears. For negligence, time runs from the date actual damage is suffered — not the date of the negligent act itself. These are not always the same. For latent damage (property damage not discoverable at the date of the act), s.14A of the Limitation Act provides a secondary 3-year period from the date the claimant had the knowledge to bring the claim, subject to a 15-year long-stop from the date of the act (s.14B).

Date of knowledge in personal injury

Personal injury claims have an important "date of knowledge" provision in s.14 of the Act. The 3-year period runs from the later of: (a) the date the injury occurred; and (b) the date the claimant knew (or reasonably ought to have known) — (i) that the injury was significant; (ii) that it was attributable to the defendant's act or omission; and (iii) who the defendant was. This provision is vital in clinical negligence and asbestos-related disease claims, where the injury may not manifest for years or decades.

Stopping the clock: acknowledgment and part-payment

Under s.29–30 of the Limitation Act, if the debtor acknowledges the debt in writing signed by them, or makes a part-payment, the limitation period starts again from that date. This is why creditors sometimes seek written acknowledgments from debtors who are approaching the 6-year mark. A debtor who acknowledges a debt that is nearly statute-barred inadvertently revives it. Never acknowledge a potentially time-barred debt without taking legal advice first.

Court's discretion to extend

For personal injury and fatal accident claims, s.33 of the Act gives the court a discretionary power to disapply the 3-year time limit if it is equitable to do so. The court considers: the length and reasons for the delay; the impact on the evidence; the conduct of both parties; and the strength of the claim. Section 33 is not available for contract or property claims — those limits are absolute. See the limitation period article for further context and the letter before action guide for the pre-action steps to take before the deadline.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.

The Limitation Act 1980: the starting point

When does time start running?

Date of knowledge in personal injury

Stopping the clock: acknowledgment and part-payment

Court's discretion to extend

Questions about this article