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Table of Limitation Periods

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Table of Limitation Periods Table of limitation periods Limitation periods impose time limits within which a party may bring a claim or give notice of a claim to the other party. It is important that clients are appraised of all relevant limitation dates. Below is a table setting out various time limits with the type of claim (e.g. Simple contract claim, 6 years). Type of Claim Time Limit Source CONTRACT Simple contract 6 years from the date the cause of action s 5 of the LA 1980 (i.e. all contracts which accrued are not made under seal) Action upon a 12 years from the date the cause of action s 8 of the LA 1980 speciality accrued (e.g. a contract under seal, bond, deed or covenant) Contractual claims The period of limitation will not begin to run until s 32 of the LA 1980 based on fraud or the claimant has discovered the fraud, concealment by the concealment or mistake or from the time at defendant, or based on which the claimant could have discovered it with a mistake reasonable diligence LAND Action to recover land 12 years from the date the cause of action s15 of the LA 1980 accrued Action to recover rent 6 years from the date the arrears became due s19 of the LA 1980 Action to recover 12 years from the date the right to receive the s20 of the LA 1980 proceeds of sale of money accrued land Action to recover 12 years from the date the right to receive the s20 of the LA 1980 money secured by a money accrued mortgage or charge Action to recover 6 years from the date interest became due s20 of the LA 1980 arrears of interest due (in respect of any sum of money secured by a mortgage or charge) Page 1 | E [email protected] | W lawworks.org.uk | © LawWorks | Last update Feb 2016 TORT All torts 6 years from the date the cause of action s2 of the LA 1980 (other than personal accrued injury, actions under the Consumer Protection Act 1987, latent damage and defamation) PERSONAL INJURY Claim for damages for 3 years from whichever is later of s11 and s12 of the LA death arising in (a) the date of death or 1980 negligence, nuisance or breach of duty (b) the date of knowledge of the personal (including actions representative/the person whose benefit the under the Fatal action is brought Accidents Act 1976) The court has discretion to exclude this time s33 of the LA 1980 limit if it would be equitable to do so However, no action may be brought if the deceased person was themselves unable to s12(1) of the LA 1980 bring an action for their injury Claim for damages for 3 years from whichever is the later of (a) the s11 of the LA 1980 personal injury arising date the cause of action accrued or (b) the date in negligence, when a claimant first had knowledge of the nuisance or breach of injury duty (including actions in The court has discretion to exclude this time respect of trespass to limit if it would be equitable to do so s33 of the LA 1980 the person) ACTIONS UNDER THE CONSUMER PROTECTION ACT 1987 Action in respect of a 3 years from whichever is the later of s11A(3) and (5) of the defective product in (a) the date of death or LA 1980 which the damages claimed by the plaintiff (b) the date of the personal representative’s consist of or include knowledge damages in respect of In any event, the action must be brought within s2(2) of the Consumer death 10 years from the “relevant time” (i.e. the time Protection Act 1987 when the product was supplied) Page 2 | E [email protected] | W lawworks.org.uk | © LawWorks | Last update Feb 2016 Action in respect of 3 years from whichever is the later of s11A(3) and (4) of the defective products in (a) the date on which the cause of action LA 1980 which the damages accrued or claimed by the plaintiff consist of or include (b) the date when a claimant first had damages in respect of knowledge of the injury personal injuries to the plaintiff or any other In any event, the action must be brought within s2(2) of the Consumer person or loss of or 10 years from the “relevant time” (i.e. the time Protection Act 1987 damage to any when the product was supplied) property LATENT INJURY Claim for latent injury The later of: s14A(4) of the LA caused by negligence (a) 6 years from the date on which the cause of 1980 (excluding personal action accrued; or injury) (b) 3 years from the date when the claimant first had both the knowledge required for bringing an action for damages and a right to bring such an action In any event, the action must be brought within 15 years from the date on which the negligent s14B of the LA 1980 act or omission occurred A ‘latent injury’ is one where the claimant only acquires knowledge of his right to claim at a time after the cause of action accrued. DEFAMATION AND MALICIOUS FALSEHOOD Action for libel, slander 1 year from the date on which the cause of s4A of the LA 1980 or malicious falsehood action accrued The court has discretion to exclude this time s32A of the LA 1980 limit if it would be equitable to do so MISCELLANEOUS STATUTORY CLAIMS Claim for contribution 2 years from the date on which the right to s10(1) of the LA 1980 under the Civil Liability recover contribution in respect of any damage (Contribution) Act 1978 accrued. This is the date when the person Page 3 | E [email protected] | W lawworks.org.uk | © LawWorks | Last update Feb 2016 seeking the contribution was made liable under a judgment or agreement in respect of the damage. Claim under the 6 years from the date of the completion of the s9 of the LA 1980; Defective Premises Act building s1(5) of the Defective 1972 Premises Act 1972 If after completion a person who has done work for or in connection with the provision of the dwelling does further work to rectify the work they have already done, any such cause of action in respect of that further work is deemed to have accrued at the time when the further work was finished. ADMINISTRATIVE LAW & HUMAN RIGHTS Judicial review The claim form must be filed (a) promptly; and CPR 54.5(1) (b) in any event not later than 3 months after the ground to make the claim first arose This time limit may be shortened by any other statutory enactment. CPR 54.5(3) Application to quash or The claim form must be served within the time CPR Practice prohibit any order, limited by the relevant enactment for making the Direction 8A, 22.3 scheme, certificate or application plan of; amendment or approval of a plan of; decision of; action on the part of, a Minister or government department Claim against a public 1 year beginning with the date on which the act s7(5)(a) of the Human authority under the complained of took place Rights Act 1998 Human Rights Act 1998 The court or tribunal has discretion to extend s7(5)(b) of the Human this period if it is equitable to do so having Rights Act 1998 regard to all the circumstances EMPLOYMENT Wrongful dismissal 3 months starting with the effective date of s 111(2) Employment claim by employee in termination or if no termination, the last day on Rights Act 1996 Page 4 | E [email protected] | W lawworks.org.uk | © LawWorks | Last update Feb 2016 the employment which the employee worked. The employment tribunal tribunal may extend time where it was not reasonably practicable to present the claim in time Wrongful dismissal 6 years from the date the cause of action s5 of the LA 1980 claim by employee in accrued the County Court or High Court Unfair dismissal claims 3 months beginning with the effective date of s111(2) of the (except for taking part termination. The employment tribunal may Employment Rights in official industrial extend time where it was not reasonably Act 1996, Trade action) practicable to present the claim in time Union and Labour Relations (Consolidation) Act 1992 and Transfer of Undertakings (Protections of Employment Regulations (2006) Unfair dismissal claim 6 months from the complainant’s effective date s239(2) of the Trade for taking part in of dismissal Union and Labour official industrial action Relations (Consolidation) Act 1992 Discrimination and 3 months starting with the date of the act to s123(1) of the equal pay claims which the complaint relates or such other period Equality Act 2010 as the employment tribunal thinks is “just and equitable” Abbreviations: Limitation Act 1980 (LA); Civil Procedure Rules (CPR) Page 5 | E [email protected] | W lawworks.org.uk | © LawWorks | Last update Feb 2016 .
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