Understanding Limitation Periods

Overview

A limitation period is the legal time limit within which you must bring a court claim or lose the right to do so. Understanding these deadlines is critical in any consumer dispute, because even if you have an excellent case, it will be struck out if you are too late. The primary legislation is the Limitation Act 1980, but several other statutes contain their own time limits.

Key Legislation

Limitation Act 1980 - The main statute governing time limits for civil claims in England and Wales

Prescription and Limitation (Scotland) Act 1973 - The equivalent in Scotland (different rules apply)

Foreign Limitation Periods Act 1984 - Applies where a foreign law governs the claim

Common Limitation Periods

Contract Claims (Section 5)

6 years from the date of breach of contract

This covers most consumer disputes: faulty goods, breach of service contracts, non-delivery, etc.

Time runs from the date of the breach, not when you discovered it (unless Section 32 applies)

Tort / Negligence Claims (Section 2)

6 years from the date the damage occurred

For negligence claims (e.g., against a surveyor, builder, or professional adviser)

Personal Injury (Section 11)

3 years from the date of injury or date of knowledge (whichever is later)

A court has discretion to extend under Section 33

Latent Damage / Negligence (Section 14A)

6 years from the date damage occurred, OR

3 years from the "starting date" (when you first had knowledge or ought to have had knowledge of the damage), whichever is later

Subject to a long-stop of 15 years from the negligent act (Section 14B)

Commonly relevant for property defects that are discovered years after construction

Defective Premises Act 1972 (Section 1)

Previously 6 years from completion of the dwelling

Now extended to 30 years for dwellings completed after 28 June 1992, thanks to the Building Safety Act 2022, Section 135

Financial Services / FOS Complaints

You must refer to the FOS within 6 years of the event, OR 3 years from when you knew (or ought to have known) you had cause to complain, whichever is later

Some complaints (e.g., PPI) had special extended deadlines

Consumer Credit Claims (Section 9)

Claims to recover sums under the Consumer Credit Act 1974 have a 6-year limitation period

For unfair relationship claims under Sections 140A-C, time runs from when the relationship ended (e.g., when the credit agreement was settled)

Judicial Review

Generally 3 months from the decision being challenged (much shorter than civil claims)

Key Exceptions and Extensions

Section 32 - Fraud, Concealment, and Mistake

If the defendant has deliberately concealed any fact relevant to your claim, the limitation period does not start running until you discovered (or could with reasonable diligence have discovered) the concealment. This is particularly relevant for:

Undisclosed commission on car finance

Hidden defects in property

Misrepresented financial products

Section 14A - Late Knowledge

For negligence claims, if you did not know about the damage until years later, you get 3 years from your date of knowledge (subject to the 15-year long-stop).

Section 28 - Disability

If the claimant was under a disability (legal definition: a minor or person of unsound mind) when the cause of action arose, the limitation period does not begin until the disability ends.

Section 33 - Personal Injury Discretion

Courts have discretion to extend the 3-year limit for personal injury claims if it is equitable to do so.

Acknowledgment and Part Payment (Sections 29-31)

If the defendant acknowledges the debt or makes a part payment, the limitation period restarts from that date.

Step-by-Step: Checking Your Limitation Period

Step 1: Identify the Type of Claim

Different claims have different periods. A single set of facts might give rise to multiple claims (e.g., contract AND negligence), each with its own limitation period.

Step 2: Identify the Start Date

Contract: Date of the breach (e.g., date faulty goods were delivered)

Tort: Date the damage occurred (which may be later than the negligent act)

Consumer credit: Date the agreement ended (for unfair relationship claims)

Step 3: Check for Extensions

Did you know or could you have known about the issue? (Section 14A / Section 32)

Was there deliberate concealment? (Section 32)

Were you a minor when the cause of action arose? (Section 28)

Step 4: Calculate the Deadline

Count forward from the start date by the applicable number of years. The claim must be issued at court before midnight on the last day.

Step 5: Act Promptly

If your deadline is approaching:

Issue a protective claim at court to stop time running (you can negotiate afterwards)

Do not rely on the defendant agreeing to extend time (standstill agreements exist but must be in writing)

Common Pitfalls

"I didn't know I could claim" is generally not a valid reason to extend time (ignorance of the law is not the same as ignorance of the facts)

Complaints to the company or FOS do not stop the limitation clock - The court deadline continues to run even while you are going through other processes

The date of issue, not service, matters - As long as the claim form is issued at court in time, you have additional time to serve it

Different time limits in Scotland - The Prescription and Limitation (Scotland) Act 1973 applies north of the border, with a general 5-year prescriptive period for most obligations

Key Points

Always check limitation early in any dispute - it should be the first thing you verify

Multiple claims can arise from the same facts with different limitation periods

Issue a protective claim if the deadline is imminent - you can always negotiate or discontinue later

Get legal advice if you are close to a deadline and unsure which period applies

Keep records of when you first discovered a problem (this is relevant to Section 32 and Section 14A arguments)

EvenStance Can Help

EvenStance can calculate the applicable limitation period for your dispute, alert you to approaching deadlines, identify whether any extensions apply (such as deliberate concealment), and generate the necessary documents to issue a protective claim if time is running short.