Limitation Periods in Civil Claims
Governing statute: Limitation Act 1980
Core Periods
- Simple contract / tort (general): 6 years from the cause of action accruing — s.2 (tort) and s.5 (contract) Limitation Act 1980.
- Personal injury (negligence, nuisance, breach of duty): 3 years from the date of accrual or date of knowledge, whichever is later — s.11 Limitation Act 1980.
- Fatal Accidents Act claims: 3 years from death or dependant's date of knowledge — s.12 Limitation Act 1980.
- Deeds / specialty contracts: 12 years — s.8 Limitation Act 1980.
- Recovery of land: 12 years — s.15 Limitation Act 1980.
- Defamation / malicious falsehood: 1 year — s.4A Limitation Act 1980.
Date of Knowledge (Personal Injury)
Under s.14 Limitation Act 1980, knowledge means knowing: (a) the injury was significant; (b) it was attributable to the act/omission alleged; (c) the identity of the defendant. Constructive knowledge (facts the claimant could reasonably have ascertained) is included.
Court's Discretion — Personal Injury
- s.33 Limitation Act 1980 gives the court a broad discretion to disapply the 3-year limit if equitable to do so. Factors include delay, reasons for delay, prejudice to both parties, and cogency of evidence.
- No equivalent discretion applies to defamation or most other claims.
Accrual Points — Common Traps
- Negligence (non-personal-injury): time runs from damage, not the negligent act — Pirelli General Cable Works Ltd v Oscar Faber & Partners [1983] 2 AC 1.
- Latent damage in tort (non-PI): s.14A Limitation Act 1980 provides an alternative 3-year period from the claimant's date of knowledge, subject to a longstop of 15 years from the negligent act (s.14B).
- Contract: time runs from breach, not discovery of loss.
- Fraud / concealment / mistake: s.32 Limitation Act 1980 postpones the period until the claimant discovered, or could with reasonable diligence have discovered, the relevant fact.
Exam Tip
Always identify the cause of action type first, then check whether a date-of-knowledge extension is available before applying the basic period — examiners frequently mix personal-injury and general tort facts in the same scenario.