Limitation periods

DR.03 — Limitation Periods

What it is. Limitation fixes the deadline for issuing a claim. It is procedural, not substantive: an out-of-time claim still exists but the defendant has a complete defence if pleaded. The court does not raise it on its own — limitation must be expressly pleaded in the defence.

Core periods (Limitation Act 1980)

• Simple contract — 6 years from breach (s.5). Time runs from the breach, not from damage.
• Tort (general) — 6 years from when the cause of action accrues (s.2), i.e. when damage is suffered (torts actionable only on proof of damage, e.g. negligence).
• Personal injury — 3 years from accrual or date of knowledge, whichever is later (s.11). Court has a s.33 discretion to disapply.
• Latent damage (non-PI negligence) — 6 years, or 3 years from knowledge, subject to a 15-year longstop (ss.14A/14B).
• Speciality / contract by deed — 12 years (s.8).
• Recovery of land — 12 years (s.15). Money secured by mortgage — 12 years (s.20). Recovery of trust property — no fixed period where the claim is for fraudulent breach of trust or to recover trust property still held by the trustee (s.21(1)); other breach-of-trust claims = 6 years (s.21(3)).
• Contribution between wrongdoers — 2 years (s.10).
• Defamation — 1 year (s.4A).

Date of knowledge (s.14)

Knowledge of: the injury being significant; that it was attributable to the act/omission alleged; the defendant's identity. Includes constructive knowledge (facts reasonably ascertainable, including via expert advice).

Stopping the clock

Limitation stops when the claim form is issued (received by the court), not when served. Postponement applies for fraud, deliberate concealment, or mistake (s.32) — time runs from discovery / reasonable discoverability. For minors and protected parties, time does not run until capacity/majority (s.28).

Common traps

• Issue vs service — limitation is met by issue; service has its own separate 4-month deadline (CPR 7.5).
• Accrual in contract = breach; in negligence = damage. Don't conflate.
• 6 years is not the default for everything — PI is 3, deed is 12, defamation is 1.
• s.33 discretion is for PI/death claims only — defamation has its own separate discretionary power under s.32A, not s.33; general (non-PI) negligence has no equitable disapplication discretion at all.
• Acknowledgement or part-payment of a debt restarts the 6-year clock (ss.29–30) — must be in writing and signed.
• A limitation defence must be pleaded; missing it waives the point.