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By Natalie Popova, Legal Consultant | Express Law Solutions

(Understanding Limitation Periods Under English Law)

Introduction

When people decide to take legal action, one of the most common — and most critical — questions they ask is:

“How long do I have to file my case?”

The answer depends on the type of case and the circumstances surrounding it.

Every legal claim in the United Kingdom is subject to what is known as a limitation period — a legal deadline within which you must start court proceedings. Once this time limit expires, you may lose your right to bring the claim altogether, regardless of how strong your case is.

This article explores the key limitation periods under UK law, the exceptions that may extend or suspend them, and practical guidance on protecting your legal rights before it’s too late.

1. What Is a Limitation Period?

A limitation period is the time frame during which a person is legally allowed to bring a lawsuit.

The main legislation governing this area is the Limitation Act 1980, which applies to most civil cases in England and Wales.

Limitation periods serve two main purposes:

To ensure that legal disputes are dealt with while evidence and witnesses are still available and reliable;
To provide certainty and finality for potential defendants.

If you file a claim after the limitation period has expired, the defendant can raise a “limitation defence”, and the court is likely to strike out your case as being out of time.

2. General Limitation Periods in the UK

Below are the most common time limits depending on the type of legal claim:

Type of Claim	Time Limit to File a Lawsuit	Relevant Law
Personal Injury	3 years from the date of injury or date of knowledge	Limitation Act 1980, s.11
Negligence (non-injury)	6 years from the date of damage	Limitation Act 1980, s.2
Breach of Contract	6 years from the date of breach	Limitation Act 1980, s.5
Property Damage	6 years from the date of loss	Limitation Act 1980, s.2
Defamation or Libel	1 year from publication	Limitation Act 1980, s.4A
Debt Recovery	6 years from the date payment was due	Limitation Act 1980, s.5
Judgment Enforcement	6 years from the date of judgment	Limitation Act 1980, s.24
Fatal Accident Claims	3 years from the date of death or date of knowledge	Fatal Accidents Act 1976
Discrimination (Employment)	3 months less 1 day from the date of act	Equality Act 2010, s.123
Employment Tribunal Claims	3 months less 1 day from dismissal or incident	Employment Rights Act 1996
Professional Negligence (e.g., solicitor, accountant)	6 years from act or omission	Limitation Act 1980, s.2
Latent Damage (hidden defects)	Up to 15 years from the act causing damage	Limitation Act 1980, s.14A

3. When Does the Clock Start Running?

The limitation period usually begins on the date of the wrongful act or omission.

However, there are situations where the claimant is not immediately aware that a wrong has occurred — such as hidden defects, misdiagnosed medical conditions, or fraud.

In those cases, the limitation period may begin from the “date of knowledge” — the day the claimant became aware (or should reasonably have become aware) of the damage, negligence, or loss.

This principle is especially important in cases of:

Medical negligence
Professional negligence
Construction or latent defects
Fraud or concealment

4. Exceptions and Extensions

The law recognises that sometimes strict time limits would be unfair.

There are several exceptions that can pause (suspend) or extend the limitation period:

a. Disability or Incapacity

If the claimant was a minor (under 18) or lacked mental capacity at the time of the event, the limitation period does not begin until they reach 18 or regain capacity.

(Limitation Act 1980, s.28)

b. Fraud, Concealment, or Mistake

If the defendant deliberately concealed facts or committed fraud, the clock doesn’t start until the fraud or concealment is discovered.

(Limitation Act 1980, s.32)

c. Latent Damage (Hidden Problems)

For negligence involving hidden damage, such as construction faults or professional errors discovered years later, the claimant has 3 years from discovery to file — but no more than 15 years from the original act.

(Limitation Act 1980, s.14A)

d. Court’s Discretion in Personal Injury and Fatal Accident Claims

Under Section 33 of the Limitation Act 1980, courts have discretion to allow late personal injury claims if it’s fair and equitable to do so — for example, where new evidence or medical proof emerges.

5. Why Limitation Periods Matter

Missing a limitation deadline can be fatal to your case.

Once the time expires:

You cannot usually bring a claim, even if it’s valid.
The court may strike out your case as “statute-barred.”
Defendants often raise limitation as their first line of defence.

For businesses, understanding limitation periods is vital for managing contracts, debts, and risk exposure.

For individuals, it protects the right to seek justice before evidence fades or witnesses disappear.

6. How to Protect Your Rights

If you think you have a potential claim, act early:

Seek legal advice immediately. Lawyers can calculate your limitation period precisely.
Gather evidence — documents, photos, messages, witness details.
Keep track of dates — note when the incident happened and when you discovered the damage.
Send a formal Letter Before Action (LBA) before starting court proceedings — it’s often required under the Civil Procedure Rules (Pre-Action Protocols).
Issue proceedings before the deadline, even if negotiations are ongoing. (You can later agree to pause or stay the case if settlement discussions continue.)

7. Limitation in Employment Law

Employment claims are especially strict:

Unfair dismissal, constructive dismissal, redundancy, and discrimination claims must usually be filed with an Employment Tribunal within 3 months less one day of the incident.
However, contacting ACAS Early Conciliation before filing can “pause” the time limit while conciliation takes place.

If you miss the deadline, the tribunal can reject your claim entirely unless there are exceptional circumstances.

8. Criminal vs Civil Limitation Periods

In criminal law, there is generally no limitation period for serious offences like theft, fraud, assault, or homicide.

However, minor offences under the Magistrates’ Courts Act 1980 (known as summary offences) must be charged within six months of the offence.

Civil cases (such as contract, injury, and negligence) are strictly governed by the limitation rules explained above.

9. Practical Example Scenarios

Example 1: Personal Injury

Maria was injured in a workplace accident on 1 July 2022.

She must file her personal injury claim by 1 July 2025, unless she only discovered the injury’s cause later.

Example 2: Breach of Contract

A supplier failed to deliver goods on 15 March 2020.

The limitation period expires 15 March 2026 — six years after the breach.

Example 3: Latent Damage

A homeowner discovers a structural defect in 2025 caused by poor building work done in 2012.

They have until 2028 (three years from discovery), but no later than 2027 (15 years from the act).

10. Final Thoughts

Time limits can make or break a legal case.

Whether you are an employee, consumer, business owner, or individual — never assume that “there’s plenty of time.”

The clock may already be ticking.

If you suspect you have a potential claim, seek legal advice immediately.

A qualified solicitor can help you calculate the limitation deadline precisely and, if necessary, take urgent steps to protect your position before it expires.

Because in law, justice delayed can truly become justice denied.

Frequently Asked Questions (FAQ): How Long Do I Have to File a Lawsuit in the UK

1. What happens if I file my claim after the limitation period expires?

If you miss the legal deadline, your case is usually considered “statute-barred”, meaning the court will refuse to hear it.

The defendant can raise a limitation defence under the Limitation Act 1980, and the court will almost certainly strike out the claim unless there are exceptional reasons — for example, medical incapacity or newly discovered evidence in personal injury cases (Section 33 of the Limitation Act 1980).

2. Can the court extend the limitation period?

Generally, no. Most limitation periods are strict and cannot be extended once expired.

However, the court does have limited discretion in certain types of claims, such as:

Personal injury or fatal accident claims;
Professional negligence involving latent damage;
Cases involving fraud or concealment.

In these circumstances, the court may allow the claim to proceed if it is “equitable and fair to do so.”

3. How do I know when the limitation clock starts running?

The limitation clock starts either:

On the date the wrongful act occurred (for most contract or debt claims); or
On the date you first became aware of the damage or negligence (called the “date of knowledge”).

For example, if a construction defect or medical error was discovered years later, the limitation may start from the discovery date under Section 14A of the Limitation Act 1980.

4. What if I was under 18 or mentally unwell when the incident happened?

If you were a minor (under 18) or lacked mental capacity, the limitation period does not begin until you turn 18 or regain capacity.

This rule is found in Section 28 of the Limitation Act 1980 and is designed to protect vulnerable individuals.

5. How long do I have to sue for breach of contract?

For most standard contracts, you have six years from the date the breach occurred.

If the contract is made “under seal” (a deed), the limitation period extends to 12 years under Section 8 of the Limitation Act 1980.

6. What if the other party concealed the wrongdoing or committed fraud?

If the defendant deliberately concealed their actions or committed fraud, the limitation period starts from the date the fraud or concealment was discovered.

This protection is covered under Section 32 of the Limitation Act 1980.

7. Are employment claims treated differently?

Yes — employment-related claims have much shorter deadlines.

For example:

Unfair dismissal and constructive dismissal – 3 months less one day from termination.
Discrimination claims – 3 months less one day from the act of discrimination (Equality Act 2010).

Contacting ACAS Early Conciliation pauses the countdown while conciliation takes place.

8. How long do I have to make a personal injury claim?

In most personal injury cases, you have 3 years from:

The date of the injury, or
The date you first knew the injury was caused by negligence.

For minors, the clock starts when they turn 18.

For fatal accidents, the limit is 3 years from the date of death or the date the family learned the cause.

9. What is the limitation period for property damage or professional negligence?

For property or financial losses caused by negligence, the limitation period is 6 years from the damage.

If the damage was hidden (for example, poor building work discovered later), you may have 3 years from discovery, but no more than 15 years in total from the original act (Section 14A, Limitation Act 1980).

10. What if the limitation period expired but I just found new evidence?

Unfortunately, new evidence alone does not usually restart the limitation clock.

However, in personal injury or fraud-related cases, courts can sometimes exercise discretion under Sections 32–33 of the Limitation Act 1980, depending on fairness and the reason for delay.

11. Can I still negotiate a settlement after the limitation period expires?

You can negotiate, but if the case is already time-barred, the defendant has no legal obligation to pay or settle.

It’s always safer to issue proceedings before the deadline, even if you plan to settle later.

12. What is the time limit for debt recovery in the UK?

You have 6 years from the date the debt became due.

If you or the debtor acknowledge the debt in writing or make a payment, the limitation period resets from that date.

13. What happens if I’m outside the UK when the incident occurs?

If the claimant or defendant was abroad when the cause of action arose, the limitation period may be paused (suspended)until they return to the UK, as stated in Section 28 of the Limitation Act 1980.

14. Are there different rules in Scotland or Northern Ireland?

Yes. Scotland and Northern Ireland have separate legal systems:

In Scotland, limitation periods are generally shorter — often 5 years for civil claims (under the Prescription and Limitation (Scotland) Act 1973).
In Northern Ireland, most civil claims follow similar limits to England and Wales, but it’s always best to check locally.

15. How can I make sure I don’t miss the deadline?

Seek legal advice as soon as possible.
Keep records of all dates, correspondence, and evidence.
Mark deadlines in a calendar.
Don’t rely on informal negotiations — file court proceedings early if needed.

Remember, once the deadline passes, your rights are usually lost forever.

Final Advice

If you are uncertain about your limitation period, consult a qualified solicitor immediately.

They can calculate your precise deadline, consider any exceptions, and take protective steps — such as issuing a claim form — to preserve your rights before time runs out.

Key Legal References

Limitation Act 1980 (UK) – main statute governing time limits.
Fatal Accidents Act 1976 – for death-related claims.
Consumer Rights Act 2015 – contractual claims for goods and services.
Equality Act 2010, s.123 – time limits for discrimination cases.
Employment Rights Act 1996 – employment claim deadlines.
Magistrates’ Courts Act 1980, s.127 – criminal summary offences.