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Limitation periods by claim type: a plain-English reference — Articles

A limitation period is the window of time within which you must issue a court claim. Once it closes, a defendant can apply to have your claim struck out as time-barred — regardless of how strong the underlying case is. Different claim types have different periods, and the clock can start at different points. This reference covers the most common types under the Limitation Act 1980 as it applies in England and Wales.

Contract claims — 6 years

The standard period for a simple contract claim is six years from the date of breach. For a contract executed as a deed (signed, witnessed, and sealed) it is 12 years. The clock starts when the breach occurred — not when you discovered it, in most cases. Exception: if the defendant's fraud or deliberate concealment prevented you from discovering the breach, time does not start until you could with reasonable diligence have discovered it (s.32, Limitation Act 1980). Relevant to: unpaid invoices, breach of lease, breach of sale contracts.

Personal injury — 3 years

Three years from the date of the accident or from the "date of knowledge" — whichever is later (s.11, Limitation Act 1980). The date of knowledge is when you first knew (or should with reasonable diligence have known) that: the injury was significant; it was attributable at least partly to the defendant's act or omission; and the identity of the defendant. For many road and workplace accidents, all three are known on the day. For occupational disease (asbestosis, industrial deafness), the date of knowledge may be much later. Courts have a general discretion to allow late claims under s.33 if it is equitable to do so. Children: time does not start until the claimant's 18th birthday. Relevant to: road accidents, employers' liability, occupiers' liability, clinical negligence.

Defamation and malicious falsehood — 1 year

One year from publication under the Defamation Act 1996, s.5 (now Defamation Act 2013, s.8). For ongoing online publications, the limitation period runs from the date of first publication — not each subsequent view, following Loutchansky v Times Newspapers [2001] EWCA Civ 1805. The court has discretion to disapply the period where it is equitable to do so.

Employment claims — 3 months

Employment Tribunal claims — unfair dismissal, wrongful dismissal, discrimination, equal pay — must be notified to ACAS for Early Conciliation within three months of the act complained of (or the last act in a series). For unfair dismissal the period runs from the effective date of termination. For discrimination it runs from the date of the discriminatory act or the last act in a continuing course of conduct. ACAS Early Conciliation pauses the clock during the conciliation period. See the unfair dismissal guide for the step-by-step process.

Property damage and nuisance — 6 years

Six years from when the damage occurred (for tortious property damage) or from when the nuisance became a continuing interference (for private nuisance). For latent damage to property not involving personal injury — such as structural defects in a building — s.14A of the Limitation Act 1980 may allow three years from the date of knowledge if that expires later than six years from when the damage occurred.

Debt enforcement after judgment — 6 years

Once you have a court judgment, you have six years from the date of the judgment to enforce it using most enforcement methods (warrant of control, attachment of earnings, charging order). After six years you need the court's permission to enforce. Interest on the judgment does not itself become statute-barred at six years — it continues to accrue. See the glossary entry on enforcement for available methods.

What can pause or restart the clock

The clock is paused (does not run) while the claimant is a minor (under 18) or lacks mental capacity. The clock restarts (from zero) if the defendant makes a written acknowledgment of the debt or makes a part payment — even a small one. Negotiations and without-prejudice correspondence do not pause the clock. Issue your claim form before the period expires, even if you are still negotiating. The Money Claim Online service lets you issue a protective claim immediately and then pursue settlement afterwards. Citizens Advice has a plain-language overview of time limits for different claim types.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.