Limitation Periods in England & Wales: A Practical Guide

Miss the deadline and your claim is dead. This guide explains every key limitation period under the Limitation Act 1980, when time starts running, and what can extend or postpone it.

Every legal claim has a shelf life. In England and Wales, the law imposes strict time limits within which you must issue court proceedings. If you miss the deadline, the defendant can raise a limitation defence, and in most cases the court will have no choice but to strike out your claim. It does not matter how strong your case is. It does not matter how much you are owed. If you are out of time, you are out of time.

The primary statute governing these deadlines is the Limitation Act 1980. It sets different time limits for different types of claim, and it contains important rules about when the clock starts ticking, when it can be paused, and when it can be extended. Understanding these rules is not optional — it is the first thing you should check before pursuing any claim.

Section 5: Breach of Contract (Simple Contract) — 6 Years

The most commonly encountered limitation period in England and Wales is the six-year period for actions founded on simple contract, set out in section 5 of the Limitation Act 1980. A "simple contract" is any contract that is not executed as a deed — which covers the vast majority of commercial and consumer contracts, including oral agreements, written agreements, and contracts formed by conduct.

The six-year period runs from the date on which the cause of action accrued. For breach of contract, that is the date of the breach itself — not the date you discovered the breach, and not the date you suffered loss. This is a critical distinction. If a contractor carried out defective work on 1 January 2020, your limitation period for breach of contract started running on that date, even if you did not discover the defect until 2023. You would need to issue proceedings before 1 January 2026.

Where a contract involves continuing obligations — for example, a landlord's ongoing covenant to repair — each failure to perform gives rise to a fresh cause of action, and the clock resets with each new breach. Similarly, where payment is due in instalments, each missed instalment triggers a separate limitation period.

Section 8: Specialty (Deed) — 12 Years

If a contract is executed as a deed, the limitation period is doubled to 12 years under section 8 of the Limitation Act 1980. A deed must be in writing, must be clear on its face that it is intended to be a deed, must be validly executed (signed, witnessed, and delivered), and must comply with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989.

Common examples of contracts executed as deeds include mortgages, leases, conveyances of land, and certain guarantees. The longer limitation period reflects the greater formality of the instrument. If you are owed money under a deed, you have significantly more time to bring your claim — but you should not treat 12 years as an invitation to delay. Evidence degrades, witnesses forget, and defendants can become insolvent.

Section 2: Tort (Including Negligence) — 6 Years

Section 2 provides that an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. For most torts, the cause of action accrues when damage is first suffered — not when the negligent act occurred and not when the claimant discovered the damage.

This rule creates a well-known problem: in cases involving latent damage (damage that is hidden or not immediately apparent), the limitation period can expire before the claimant even knows they have a claim. A surveyor who negligently fails to identify subsidence in 2018 causes damage that may not manifest until 2025. Under the basic rule in section 2, the six-year clock started running in 2018, meaning the claim would be time-barred by 2024 — a year before the claimant even knew about it.

Parliament addressed this problem by enacting section 14A, discussed below.

Section 11: Personal Injury — 3 Years

Claims for damages for negligence, nuisance, or breach of duty where the damages claimed consist of or include damages for personal injuries are subject to a shorter limitation period of three years under section 11. The three-year period runs from either the date of the cause of action (i.e. the date of injury) or the "date of knowledge" — whichever is later.

The "date of knowledge" is the date on which the claimant first knew, or ought reasonably to have known, that the injury was significant, that it was attributable (in whole or in part) to the act or omission alleged to constitute negligence, and the identity of the defendant. This is a fact-sensitive inquiry and frequently litigated.

Importantly, the court has a discretionary power under section 33 of the Act to disapply the three-year time limit for personal injury claims if it would be equitable to do so. The court will consider factors such as the length of and reasons for the delay, the effect of the delay on the evidence, the conduct of the defendant, and the extent to which the claimant acted promptly once they knew they had a claim. This discretion does not apply to any other type of claim under the Act — it is unique to personal injury.

Section 14A: Latent Damage in Negligence — The Knowledge Test

Section 14A was introduced by the Latent Damage Act 1986 to address the injustice of the basic limitation rule in cases of latent damage caused by negligence. It provides an alternative limitation period of three years running from the claimant's "date of knowledge" of certain material facts about the damage.

Specifically, the "starting date" for the section 14A period is the earliest date on which the claimant had both the knowledge required to bring the action and a right to bring it. The knowledge required is knowledge of the material facts about the damage, that it was attributable to the negligent act or omission, and the identity of the defendant. Knowledge means actual knowledge or knowledge that the claimant might reasonably have been expected to acquire from facts observable or ascertainable by him, or from facts ascertainable with the help of appropriate expert advice which it would be reasonable for him to seek.

However, section 14A is subject to a long-stop of 15 years from the date of the negligent act or omission (section 14B). No action may be brought after this date regardless of when the claimant acquired knowledge. This long-stop provides certainty for defendants and their insurers.

Section 14A applies only to claims in the tort of negligence. It does not apply to breach of contract claims, even where the underlying facts involve negligence. This is a common trap: if you have concurrent claims in contract and tort (for example, against a professional such as a solicitor or surveyor), the contractual claim may be time-barred even though the tortious claim is still alive under section 14A.

Section 32: Fraud, Concealment, and Mistake

Section 32 is one of the most important provisions in the Limitation Act, and one of the most frequently overlooked. It applies where the action is based on the fraud of the defendant, where any fact relevant to the claimant's right of action has been deliberately concealed by the defendant, or where the action is for relief from the consequences of a mistake.

In any of these three situations, the limitation period does not begin to run until the claimant has discovered the fraud, concealment, or mistake, or could with reasonable diligence have discovered it. This can extend the limitation period very significantly — in principle, indefinitely.

Deliberate concealment is the most commonly invoked limb. It was considered extensively by the House of Lords in Cave v Robinson Jarvis & Rolf [2002] UKHL 18, where Lord Millett held that deliberate concealment requires the defendant to have committed a deliberate breach of duty in circumstances where it is unlikely to be discovered for some time. It is not necessary to show that the defendant acted dishonestly — mere awareness that the breach of duty was being committed is sufficient.

The practical effect is significant. If a builder deliberately covers up defective work, or a solicitor fails to disclose a conflict of interest, the six-year limitation period does not start running until the claimant discovers (or could reasonably have discovered) the concealment. This can give a claimant many additional years to bring a claim.

When Does the Clock Start Running?

The concept of "accrual" is the foundation of limitation law, and it differs depending on the type of claim:

• Breach of contract: The cause of action accrues on the date of the breach, regardless of when damage occurs or is discovered.
• Tort (negligence): The cause of action accrues when the claimant first suffers actionable damage. For economic loss, this may be the date of a negligent transaction. For physical damage, it is when the damage first occurs.
• Personal injury: The cause of action accrues on the date of injury, but the limitation period runs from the later of that date and the date of knowledge.
• Debt: The cause of action accrues on the date when payment was due but not made.

Identifying the correct date of accrual is often the most difficult and contested issue in limitation disputes. In complex negligence cases involving financial loss, determining when the claimant first suffered damage can require detailed expert evidence. The leading case is Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No. 2) [1997] 1 WLR 1627, in which the House of Lords held that a lender suffers loss when the security provided by the borrower is worth less than the amount owed — not when the loan is made, and not when the lender realises the loss.

Acknowledgment and Part Payment

Under sections 29 and 30 of the Limitation Act 1980, the limitation period can be restarted if the debtor acknowledges the debt in writing or makes a part payment. The acknowledgment must be made to the creditor or their agent, and it must be signed by the person making it. A part payment has the same effect — it restarts the clock from the date of payment.

This rule has practical consequences. If you are owed money under a contract and the six-year period is about to expire, but the debtor has recently written to you accepting that the debt is owed, the clock starts again from the date of that acknowledgment. Conversely, if you are a debtor, you should be cautious about making written acknowledgments or part payments, as doing so can revive claims that would otherwise be time-barred.

Practical Advice for Claimants and Defendants

For Claimants

• Check limitation early. The single most important step in any potential claim is to determine the limitation deadline. Calculate it from the date of accrual, apply the relevant statutory period, and then check whether any extensions (knowledge, concealment, acknowledgment) apply.
• Do not wait. Even if you believe you have time, issue proceedings sooner rather than later. Evidence deteriorates. Witnesses become unavailable. Defendants may dispose of assets or become insolvent.
• Issue a protective claim form. If you are close to the deadline but not ready to serve full particulars of claim, you can issue a claim form to stop the clock. Under CPR Part 7, you then have four months to serve the claim form and a further 14 days to serve particulars of claim (or you can include them in the claim form itself).
• Keep records. Preserve all correspondence, contracts, invoices, and evidence of acknowledgments or part payments. These may be critical in establishing when the limitation period started and whether it has been extended.

For Defendants

• Plead limitation. A limitation defence must be specifically pleaded in your defence. If you do not raise it, the court will not apply it of its own motion.
• Avoid inadvertent acknowledgment. Be careful about written communications that might constitute an acknowledgment of a debt under section 29. Proposals to pay, admissions of liability, or even certain "without prejudice save as to costs" communications may restart the clock.
• Consider a limitation strike-out. If the claim is clearly out of time, you can apply to strike it out or for summary judgment under CPR Part 24 on limitation grounds, without the expense of a full trial.

Summary of Key Limitation Periods

• Simple contract (s.5): 6 years from breach
• Deed / specialty (s.8): 12 years from breach
• Tort / negligence (s.2): 6 years from damage
• Personal injury (s.11): 3 years from injury or date of knowledge
• Latent damage in negligence (s.14A): 3 years from date of knowledge, subject to 15-year long-stop
• Fraud / deliberate concealment / mistake (s.32): period starts when claimant discovers or could discover the relevant facts

This article provides a general overview of limitation periods under the Limitation Act 1980 as they apply in England and Wales. Limitation law is highly fact-sensitive and can involve complex questions of accrual, knowledge, and concealment. If you are approaching a limitation deadline, you should seek legal advice urgently.

Not sure whether your claim is still in time? CommonBench AI Chat can help you identify the relevant limitation period, check whether any extensions apply, and flag the key deadlines you need to act on. Try CommonBench AI Chat →