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Zarafsha Hussain, Vincents Solicitors
Zarafsha Hussain Solicitor, Company and Commercial

What are the time limits for bringing a legal claim?

How do Limitation periods impact on negligence cases?

Limitation periods impose strict deadlines for starting legal proceedings. If a claim is not issued within the required period, the right to sue may be lost regardless of a strong case.

Key limitation periods

Contract claims – 6 years from the date of breach.

Negligence claims – 6 years from when the damage occurs.

Personal Injury claims – 3 years from the injury or when the claimant became aware of it.

Defamation claims – 1 year from the date of publication.

Debt recovery claims – 6 years from when the debt became due.

Exceptions to limitation periods

In certain situations, the courts may extend limitation periods, such as in cases involving fraud, mental incapacity, or where the claimant was under 18 at the time.

Negligence claims and the limitation act 1980

Negligence claims, generally have a six-year limitation period under Section 2 of the Limitation Act 1980. However, these cases can be complex, as the claimant may not immediately be aware of the negligence.

To address this, Section 14A of the Limitation Act 1980 provides an additional three-year period, which starts from the date the claimant becomes aware (or ought to have been aware) of key facts, including:

  • That they have suffered damage.
  • The identity of the party responsible.
  • That the damage was caused by the defendant’s actions or omissions.

Knowledge

For limitation purposes, knowledge is not limited to what the claimant actually knew but also includes what they reasonably should have known.

For example – You hire a builder to renovate your kitchen, and they make a mistake with the plumbing. You noticed damp spots immediately but years later, you discover water damage from the faulty plumbing. The claimant cannot claim unawareness for years if the defects were visible and should have been noticed sooner. The limitation period would likely start from the point at which they could reasonably have been expected to suspect an issue, such as the damp spots.

The 15 year time limit

Even with the extended period under Section 14A, claims cannot be brought indefinitely. Section 14B of the Limitation Act 1980 imposes a 15 year longstop, meaning that no claim can be made more than 15 years after the negligent act or omission, regardless of when the damage was discovered.

Act fast to protect your claim

Limitation rules can be complex, and missing a deadline can mean losing your right to claim. If you suspect you have a case, seeking legal advice promptly is essential. Get in touch today to discuss your options.