Limitation Periods
Limitation periods are periods in which a claim must be brought. They are imposed by statute; different types of claims have different limitations periods. If a claim is not brought within the relevant limitation period then it is likely that it will be statute barred i.e. that the claimant will not be allowed to bring that claim(s) or the Defendant will raise that as a Defence as to why that claim(s) cannot proceed.
Limitation periods for different types of claims are as follows:
- Claims in contract – 6 years;
- Claims in defamation – 1 year;
- Claims in negligence – 6 years;
- Claims in personal injury – 3 years;
- Claims in relation to a debt under a statute – 6 years;
- Claims as to awards in arbitration – 6 years;
- Claims in Tort – 6 years;
- Claims for non fraudulent breach of trust – 6 years;
- Claims in fraud within 6 years .The time does not begin to run from the time the fraud has been or with reasonable diligence would have been discovered. If the Defendant’s conceal any facts relevant to the cause of action then it will run from when it becomes apparent;
- Liability claims. Within 10 years of the time defined in the Consumer Protection Act, within 3 years subject to an over run limit of 10 years from the date of supply.
- Claims for the recovery of land, proceeds of sale or land or money secured by mortgage or charge. Within 12 years of the right accruing;
- Judicial Review – no later than 3 months from when the basis of a challenge arose;
- Enforcement of judgment – 6 years from when the judgment became enforceable;
- Contribution that is a Defendant having a claim against another party who maybe jointly liable – 2 years;
- Breach of Public Procurement Regulations no later than 3 months from the grounds for a challenge arose;
- Latent damage – 6 years from when the damage is caused or within 3 years from the date of knowledge if later. There is a 15 year long stop date;
- Breach of indemnity – 6 years from the date the loss is suffered;
- Breach of contract under seal – 12 years;
It is important that any claim is brought as soon as you are able, but it is also important that the limitation period is considered at a very early date.