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Limitation in English law

Guide Limitation in English law July 2010

Introduction In English law, in common with most other jurisdictions, all legal proceedings must generally be started within a certain period of time. This is known as the limitation period. The majority of relevant periods of time for different types of claim are set out in the Limitation Act 1980, and any action brought after the expiration of the prescribed time limit will usually be statute-barred, although it is sometimes possible to persuade the Court to exercise its discretion to extend the time limit. When does the clock start ticking? For the purposes of calculating the limitation period, the clock normally starts ticking when the contract is breached, or when the damage is suffered. In some circumstances, the relevant time is when the damage complained of was discovered or ought to have been known about this is called latent damage. It is sometimes possible to extend the limitation period by agreement between the parties. In these circumstances its usually advisable for both parties to sign a Standstill Agreement which, if correctly worded, may prevent a defendant from using limitation as a defence. When does the clock stop ticking? Generally, the clock stops ticking when a claim is commenced, i.e. when the claim form is delivered to Court. What are the relevant time limits?
Type of Claim
Contract Recovery of land Recovery of rent Recovery of trust property and breach of trust (nonfraudulent) Enforcement of a Judgment Tort Defamation and Malicious Falsehood Contribution under the Civil Liability (Contribution) Act Clinical Negligence and Personal Injury

Period
6 years 12 years 6 years 6 years

Notes
12 years if contract made under seal

6 years 6 years 1 year 2 years 3 years

Time runs from the date when the judgment became enforceable

Product Liability Fatal Accident Act claims

10 years 3 years

Time runs from the date of the injury or negligence, or from the time when the claimant knew the injury was significant. If the claimant is under 18 at the time of the injury, the limitation period is extended until they are 21. Time runs from the date of supply of the product to the consumer

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Practice points: If you have a claim to make, it is best not to delay seeking legal advice. Even if you believe your claim is outside the limitation period, it may still be possible to bring a claim, as in some cases the Court has a discretion to extend the period. If the limitation period is looming, it is better to issue proceedings sooner rather than later. Even if you do not have all the relevant facts to hand, it is better to start your claim (by commencing protective proceedings) than to lose the chance completely. The limitation rules are not straightforward in all cases, and this note cannot cover all circumstances. We strongly recommend that if you have a query about whether your claim is statute-barred, you get in touch with your Charles Russell contact as soon as possible.
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enquires@charlesrussell.co.uk Subject: CDR enquires This information has been prepared by Charles Russell LLP as a general guide only and does not constitute advice on any specific matter. We recommend that you seek professional advice before taking action. No liability can be accepted by us for any action taken or not taken as a result of this information. Charles Russell LLP is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment services to clients because we are members of the Law Society. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.

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Charles Russell LLP is a limited liability partnership registered in England and Wales, registered number OC311850, and is regulated by the Solicitors Regulation Authority. Any reference to a partner in relation to Charles Russell LLP is to a member of Charles Russell LLP or an employee with equivalent standing and qualifications. A list of members and of non-members who are described as partners, is available for inspection at the registered office, 5 Fleet Place, London EC4M 7RD.