If you have ever discovered an old unpaid invoice, remembered a workplace injury from years ago, or finally decided to pursue a neighbour over a property boundary, you may have wondered whether it is too late to take legal action. The answer often depends on a single piece of legislation that many people have never heard of until it directly affects them.
The Limitation Act 1980 is the primary UK statute that sets strict deadlines for bringing civil claims in England and Wales. The Limitation Act 1980 is an act of the Parliament of the United Kingdom applicable only to England and Wales, and it only applies to civil claims in these jurisdictions. Whether you are chasing an outstanding debt, seeking compensation for personal injury, or disputing a breach of contract, the limitation act establishes how long you have to issue a claim form at court. Miss that deadline, and your otherwise strong case can be permanently destroyed.
The Limitation Act 1980 is considered to be in the public interest as it prevents perpetual exposure to litigation. It also consolidates previous limitation acts from 1939 to 1980.
This article by Axis Solicitors focuses on how the limitation act operates in England and Wales. Scotland has its own Prescription and Limitation (Scotland) Act 1973, and Northern Ireland follows separate legislation with different time limits. If your claim arises in those jurisdictions, you will need advice specific to those laws. References to the relevant statutes and jurisdiction-specific law are essential, as the Foreign Limitation Periods Act 1984 allows English courts to apply foreign limitation periods in international disputes, subject to public policy exceptions.
Why Limitation Periods Matter in UK Civil Claims
A limitation period is the statutory time window under the limitation act within which you must issue a claim form at court. Once that window closes, you generally lose the right to pursue your claim through the legal system, regardless of how strong your evidence might be.
Limitation periods exist for several important policy reasons. First, they provide fairness to defendants, who should not face indefinite exposure to potential litigation years or decades after events occurred. Second, they help preserve evidence, since memories fade, witnesses become unavailable, and documents get lost over time. Third, they create legal certainty for individuals, insurers, and businesses, allowing everyone to plan their affairs without the shadow of ancient claims hanging over them.
Once the relevant period expires, most civil claims become statute-barred. The court will normally refuse to hear the case, and the defendant can raise limitation as a complete defence under the limitation act. For example, if you have an unpaid invoice from 2015, the ordinary time limit of six years means that claim would typically become time-barred in 2021. Similarly, if you suffered injuries in a road traffic accident in 2018 and took no action, the three-year period would normally have expired in 2021.
Different types of claims carry different time limits, and calculating the start date can become complex where harm is not immediately obvious. Industrial diseases, professional negligence, and latent damage cases often require careful analysis to determine when the limitation period starts. Early legal advice from solicitors at Axis can prevent the risk of issuing proceedings after the deadline has already passed.
Key Limitation Periods for Common Civil Claims
Most limitation periods are fixed by statute, meaning the time limits for bringing different types of claims are predetermined by law. It serves as a guide rather than a comprehensive list, since specialist or unusual claims can have shorter or entirely different time limits.
All time periods under limitation act are generally calculated from when the cause of action accrued, meaning the date when you first had the right to bring a claim. However, special rules and court discretion can alter this in certain circumstances.Claims such as defamation, contribution between defendants, or actions under specific statutes like the Merchant Shipping Act often have their own limitation act rules. If you are unsure which category your claim falls into, you should speak to a civil litigation solicitor before assuming the deadline has already passed.
Contract and Debt Claims
Most simple contract claims and unsecured debts in England and Wales are subject to a six-year limitation period under the limitation act. This applies to common types of disputes including unpaid invoices, consumer credit agreements, and money owed under lease or tenancy arrangements.
Time usually runs from the date of breach or default. For debt claims, this typically means the day payment fell due and was missed, not necessarily when the contract was first signed. For example, if a trade invoice was due on 15 June 2019 and remains unpaid, the creditor would generally need to issue a claim form before 15 June 2025.
Consider these practical examples:
| Claim Type | When Time Starts | Limitation Period |
| Unpaid trade invoice | Date payment was due | Six years |
| Consumer credit debt | Date of missed payment | Six years |
| Rent arrears | Date each payment fell due | Six years per arrear |
Where a debtor acknowledges the debt in writing or makes a part payment, the six-year period can restart from the date of that acknowledgement under the limitation act. This is why debt recovery agencies often seek written confirmation of outstanding debts.
The debt collection process typically involves several legal steps, such as sending formal demand letters, negotiating repayment, and potentially issuing court proceedings. The limitation period directly impacts this process, as creditors must complete these steps and issue a claim before the limitation period expires, or they risk losing the legal right to enforce the debt.
Certain speciality contracts executed as deeds attract a longer limitation period of twelve years. This commonly includes some mortgage deeds, guarantees, and formal land agreements. Once the applicable period of limitation act has passed, the debtor can normally rely on limitation as a full defence to any enforcement action, although the debt may still appear on credit records or be chased informally by a creditor.
Tort and Negligence Claims (Non-Injury)
Claims founded on tort, such as property damage, pure economic loss, or professional negligence not involving personal injury, generally have a six-year limitation period from the date the damage first occurs.
For example, if negligent building work causes structural damage to your property, time would typically run from when that damage first manifested, even if you only discovered it later. Similarly, professional negligence in a commercial transaction or trespass to land affecting a business premises would follow the same six-year rule.
Discovering the loss later does not always extend the period. However, in cases involving latent damage, where harm remains hidden for years, separate provisions may apply. The Latent Damage Act 1986 can provide additional time in certain circumstances, running from the date of knowledge rather than the date of damage.
In complex tort or negligence situations, the interaction between the limitation act and other legislation can be highly technical. Anyone pursuing such claims should seek legal assessment to understand which rules apply and when their time limit truly expires.
Personal Injury and Fatal Accident Claims
The standard limitation period for personal injury claims is three years. This covers accidents at work, road traffic accidents, public liability claims, clinical negligence, and similar matters where physical or psychological harm has occurred.
For adults, the three years generally run from the date of the accident or from the date of knowledge, whichever is later. The date of knowledge is when the claimant first realised, or should reasonably have realised, that their injury was significant and caused by someone else’s negligence.
A specific example helps illustrate this: if you were injured in a car accident on 1 March 2023 in Manchester, and both the injury and its cause were immediately clear, the usual limitation date would be 1 March 2026. Issue your claim form after that date, and you risk having it struck out.
For children, special rules apply. The three-year limitation period under the limitation act normally starts on their 18th birthday, giving them until their 21st birthday to issue proceedings. A litigation friend, typically a parent, can bring a claim on the child’s behalf at any time before they turn 18 without waiting for adulthood.
In claims arising from fatal accidents, the three-year period usually runs from the date of death or from when the cause of death became known to the dependants. Families pursuing claims after a loved one’s death should act promptly to preserve their rights.
For claims arising from international carriage of passengers by sea, the limitation period is two years under the Athens Convention. This two years period is strict and applies in respect of breaches or losses covered by the Convention, such as personal injury or loss of luggage. There are no extensions, and the period typically runs from the date of disembarkation or the date when the incident occurred, so timely action in civil litigation cases is essential.
Courts have a discretionary power under section 33 Limitation Act to allow certain personal injury claims to proceed outside the normal limitation period where it would be equitable to do so. However, this discretion is not guaranteed, and claimants should never assume a court will grant an extension.
Land, Property and Mortgage Claims
Many claims relating to land, property ownership, trespass, and recovery of possession have longer limitation periods, often twelve years, under the 1980 limitation act section 8 and related provisions.
Common examples include:
- Enforcing a mortgage shortfall on a repossessed property
- Boundary disputes with neighbouring landowners
- Actions to recover possession from a long-term squatter
For mortgage debts, the typical position is twelve years for the principal capital and six years for interest, starting from the date the lender could have demanded full repayment. This means a mortgage lender may have more than a decade to pursue outstanding sums after repossession.
In property disputes, limitation act can interact with concepts like adverse possession. If a squatter occupies land continuously and openly for the required period, the true owner may lose their right to recover it. Missing deadlines in property matters can therefore result in losing legal title or enforcement rights entirely.
Landlords, property investors, and homeowners should seek advice early if arrears or boundary issues have continued for several years without action. The longer you wait, the greater the risk that limitation bars your claim or strengthens your opponent’s position.
When Does Time Start Running Under the Limitation Act?
The crucial question is not only the length of the limitation period but also when the cause of action is deemed to have arisen. Getting this wrong can mean losing your claim before you even realised you had one.
For most contract claims, time starts on the date of breach under the limitation act. If a payment was due on 1 April 2020 and was missed, that is when limitation begins running. For most tort claims, time starts when damage is first suffered, not when negligent conduct occurred.
Personal injury and some latent damage claims use a different approach based on the date of knowledge. Here, limitation runs from when the potential claimant knew, or could reasonably have known, that they had a significant injury attributable to another person’s act or omission.
Consider an industrial disease claim where a factory worker develops lung damage from exposure to hazardous substances. Symptoms and causation may only become clear years after exposure ended. In such cases, the three-year period under the limitation act might start from the date of diagnosis or when medical advice confirmed the link to workplace conditions, rather than from the original exposure.
Parties can also enter into standstill agreements before a deadline expires. These contractual arrangements pause or extend the time limit, giving both sides more time for settlement negotiations without the pressure of imminent court proceedings. However, standstill agreements must be drafted carefully by solicitors to be effective.
Suspension, Extension and Exceptions Under the Limitation Act
In certain circumstances, limitation periods under the limitation act can be postponed, suspended, or disapplied. These are tightly controlled exceptions, but they can make the difference between a live claim and one that is forever lost.
The law recognises situations where a claimant could not reasonably bring a claim sooner. Common examples include being a child at the time of injury, lacking mental capacity, or being the victim of deliberate concealment by the defendant.
Relying on these exceptions is rarely straightforward. Courts analyse the facts closely, and defendants often challenge claims to extensions vigorously. Anyone who believes they may benefit from an exception under the limitation act should contact a solicitor promptly to review their evidence and timeline.
Children and Protected Parties
Under the limitation act, time generally does not run for children (those under 18) until their 18th birthday. Only then does the relevant limitation period begin counting down.
For example, if a child is injured in a playground accident at age 10, the three-year personal injury period would normally run from their 18th to their 21st birthday. This gives the child, now an adult, the full benefit of the standard period.
A litigation friend, usually a parent or guardian, can bring a claim on behalf of a child at any time before they turn 18 without waiting for the child to reach adulthood. This is often advisable, as memories are fresher and evidence more readily available.
Similar rules apply under the limitation act to adults who lack mental capacity, sometimes called protected parties. If a person cannot manage their own affairs due to serious brain injury, mental disorder, or similar conditions, limitation may not run while they remain incapacitated. Establishing lack of capacity requires medical evidence, and families should obtain legal advice early to avoid disputes about whether time has been running.
Fraud, Concealment and Mistake
Where a claim involves fraud by the defendant, deliberate concealment of relevant facts, or a fundamental mistake, the limitation act can postpone the start of the limitation period significantly.
In such cases, time generally starts only when the claimant discovers, or could reasonably have discovered, the fraud, concealment, or mistake. This prevents wrongdoers from benefiting from their own conduct by hiding the truth until limitation would otherwise have expired.
Practical examples include:
- An investment fraud hidden by falsified account statements, only uncovered years later during an audit
- A professional adviser concealing negligent advice in a transaction, discovered when a third party raises concerns
- Money paid under a fundamental mistake of law or fact in restitution cases
The test of reasonable discoverability is objective. Courts consider what a reasonably diligent person in the claimant’s position could have found out, not what the actual claimant knew. This means you cannot extend time indefinitely by claiming ignorance if the facts were available through ordinary enquiry.
Claims based on mistakes are particularly relevant in restitution and unjust enrichment cases. However, these routes are complex and often contested. Specialist litigation advice is essential before relying on extended time limits under the limitation act.
Limitation Periods in Different Jurisdictions
Limitation periods are not universal; they can differ widely depending on the jurisdiction in which a claim is brought. This is particularly significant for individuals and businesses involved in cross-border transactions, or for those whose legal issues span more than one part of the UK. Understanding the applicable limitation period is essential, as the ordinary time limits and rules for when a limitation period starts may vary, potentially affecting your ability to recover money, enforce a judgment, or defend against a claim.
What Happens When a Claim Becomes Statute-Barred?
A statute-barred claim is one that can no longer be enforced through the courts because the limitation period has expired. In practical terms, it means the door to the courtroom is closed under the limitation act, regardless of how meritorious your case might be.
Defendants can raise limitation as a complete defence. If they do, judges will usually strike out claims that are clearly out of time. The burden then falls on the claimant to show why an exception applies or why the court should exercise discretion in their favour.
Importantly, limitation normally affects the remedy rather than the underlying right. A debt may still exist in theory, but it cannot be enforced by court action if statute-barred. The debtor cannot be compelled to pay by virtue of a judgement, though the creditor might still chase the money informally.
Consider these examples:
| Scenario | Limitation Position |
| Unsecured consumer debt unpaid since 2016 with no payment or written acknowledgement | Likely statute-barred after 2022 |
| Personal injury from accident in 2019 with no claim issued | Likely statute-barred after 2022 |
| Mortgage shortfall from 2012 repossession | May remain enforceable until 2024 for capital |
Some obligations are not governed by the limitation act in the same way. Criminal fines, income tax liability, child maintenance enforcement, and certain public law duties or statutory duties such as duty relating to taxation or excise may be pursued for much longer periods under different regulations.
A critical warning: making a new payment or written admission on an old debt can restart the limitation period. If you receive collection letters about very old obligations, seek advice before responding or making any payment. Acknowledging the debt in writing, even casually, can breathe new life into an otherwise unenforceable claim.
How Axis Solicitors Can Help You With Limitation Issues
Axis Solicitors is a UK law firm experienced in immigration, civil litigation, personal injury, housing disrepair, and family law, with offices in Manchester, London and Birmingham. Our team understands that limitation act questions often arise at stressful times, when clients are unsure whether they still have a valid claim.
Our typical support includes:
- Reviewing your documents and timeline to determine when your cause of action accrued
- Advising on applicable limitation periods for different types of claims
- Negotiating standstill agreements to preserve your rights during settlement negotiations
- Issuing protective proceedings before deadlines expire to secure your position
- Advising businesses on recovering unpaid debt and enforcing contracts efficiently within the six-year period
- Defending claims by raising limitation as a defence where appropriate
If you are concerned about whether your claim is time-barred, do not wait until it is too late. Speak to a Civil Litigation Solicitor Today for expert guidance on limitation issues and time-sensitive claims.
