Last amended by Defamation Act 2013 in 2013. Amended s.4A to reduce the limitation period for defamation and malicious falsehood from 3 years (as set by the Defamation Act 1996) to 1 year from the date of publication, with court discretion to extend.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Limitation Act 1980 consolidates and re-enacts the law governing the time limits within which civil proceedings must be brought in England and Wales. After the limitation period expires, the defendant acquires a complete defence to the action (the claim becomes statute-barred) even if it is otherwise meritorious. The Act prescribes different limitation periods for different categories of claim: 6 years for simple contract and general tort; 3 years for personal injury and fatal accident claims (subject to a discretionary extension and a longstop of 15 years for latent damage claims under the Latent Damage Act 1986 amendments); 12 years for claims under a deed or to recover land; and 1 year for defamation claims. Special rules apply where the claimant did not and could not reasonably have discovered their cause of action: the 'date of knowledge' provisions (ss.11(4), 14) postpone the start of time in personal injury cases, and s.32 postpones limitation where the defendant has committed fraud, deliberately concealed facts relevant to the right of action, or where the action is for relief from the consequences of a mistake.
Key Points
- Tort claims (other than personal injury) — 6 years from the date the cause of action accrued (s.2)
- Contract claims (simple contract) — 6 years from the date of breach (s.5); claims under a deed (specialty) — 12 years (s.8)
- Personal injury and fatal accidents — 3 years from the date of injury or the claimant's date of knowledge (whichever is later); court has discretion to disapply this limit (ss.11, 14, 33)
- Defamation — 1 year from publication (s.4A, inserted by Defamation Act 1996; reduced to 1 year by Defamation Act 2013 from the previous 3-year period)
- Land recovery — 12 years from the date the right of action accrued; registered land has separate adverse possession regime under LRA 2002 (s.15)
- Contribution between wrongdoers — 2 years from the date the right to recover contribution accrued (s.10)
- Fraud, deliberate concealment, or mistake — time runs from the date the claimant discovered (or could with reasonable diligence have discovered) the fraud, concealment, or mistake (s.32)
- Section 33 discretion — court may disapply the 3-year period for personal injury claims if equitable to do so, having regard to the length and reasons for delay, prejudice to both parties, and conduct of the parties
Parts & Sections
Amendments History
1986 — Latent Damage Act 1986
Inserted a special limitation period for latent damage in negligence cases not involving personal injury: 3 years from the date of knowledge subject to a 15-year longstop from the act of negligence (now ss.14A and 14B of the 1980 Act).
2013 — Defamation Act 2013
Amended s.4A to reduce the limitation period for defamation and malicious falsehood from 3 years (as set by the Defamation Act 1996) to 1 year from the date of publication, with court discretion to extend.
Frequently asked questions
- How long do I have to bring a general tort claim?
- The standard limitation period for most tort claims, such as negligence, nuisance, and trespass, is six years from the date the cause of action accrued. This is distinct from personal injury claims, which have a three-year limit. Once this period expires, the defendant acquires a complete defence, making the claim statute-barred even if it is otherwise valid.
- What is the time limit for personal injury claims?
- For personal injury and fatal accident claims, you generally have three years from the date of injury or your 'date of knowledge,' whichever is later. The date of knowledge is when you first knew the injury was significant and attributable to the defendant. The court has discretion to extend this limit if it is equitable to do so, considering factors like the reason for delay and prejudice to both parties.
- Does the time limit start immediately if I didn't know about my claim?
- If a defendant has deliberately concealed facts relevant to your claim, committed fraud, or if the action is for relief from the consequences of a mistake, the limitation period does not begin to run until you discover, or could with reasonable diligence have discovered, the fraud, concealment, or mistake. This effectively postpones the start of the time limit to protect claimants who were unaware of their rights due to the defendant's actions.
- How long do I have to sue for defamation?
- The limitation period for defamation claims is one year from the date of publication. This period was reduced from three years by the Defamation Act 2013. The court retains discretion to extend this limit in certain circumstances, but the standard timeframe is significantly shorter than for most other civil claims.
- What is the difference in time limits between contract and deed claims?
- Claims based on simple contract have a six-year limitation period from the date of breach. Claims under a deed, also known as a specialty, have a longer limitation period of twelve years from the date the cause of action accrued. The cause of action in contract is generally considered to accrue when the breach occurs, rather than when damage is suffered.