When looking to bring legal claims, clients often do not realise the importance of timing. Whether you’re pursuing a claim for breach of contract, or professional negligence, understanding limitation periods is critical.
These statutory time limits determine how long a Claimant has to bring a legal action. Missing the deadline can mean losing the right to claim altogether. For individuals and businesses alike, being aware of these deadlines is essential to protecting your legal interests..
It is, therefore, highly important that Claimants understand why, how, and when limitation periods apply.
What are Limitation Periods and why do they exist?
A limitation period is the maximum time allowed by law to bring a claim before the Courts. These periods are governed primarily by the Limitation Act 1980, which sets out different timeframes depending on the nature of the claim.
Failing to issue proceedings within the relevant limitation period can result in your claim being time-barred- meaning the court will refuse to hear it, regardless of its merits. This makes early legal advice and prompt action essential.
Limitation rules serve several crucial and important legal policy objectives.
Importantly, limitation periods ensure fairness for defendants. Defendants should not face proceedings decades after the relevant events, when memories have faded and evidence may no longer be available.
It also means that disputes are resolved within a reasonable timeframe, ensuring finality in law, while also encouraging Claimants to pursue their rights promptly if possible.
Common Limitation Periods
Limitation periods can vary depending on the type of claim being brought. Some common limitation periods under UK law include:
- Breach of Contract – 6 years from the date of breach or 12 years if the agreement has been executed under a formal Deed.
- Tort (e.g. negligence) – 6 years from the date the damage occurred
- Professional Negligence – 6 years from the date of breach of contract and/or the negligent act/loss
These periods are also subject to specific circumstances, which is why it is crucial to seek tailored advice.
Date of Knowledge: A Crucial Caveat
The “date of knowledge” provision may be a lifeline for Claimants who discover harm long after the original act of negligence. For example, if a solicitor mishandled a property transaction in 2015 but the client only discovered the issue in 2021, the three-year secondary limitation period may apply from 2021- provided the claim is brought before 2024.
However, Courts apply this test rigorously. Claimants must show they could not reasonably have discovered the damage earlier. Delay or inaction can jeopardise the claim, even under the extended timeframe.
Note that there is also a “longstop” period of 15 years from the date of the negligent act/loss. After 15 years, no claim can normally be brought, regardless of when the relevant issue was discovered.
Professional Negligence: A Deeper Dive
Professional negligence arises when a professional, such as a solicitor, accountant, architect, or financial adviser, fails to meet the standard of care expected in their field, resulting in loss or damage to the client.
In most cases, the limitation period for professional negligence is six years from the date of the breach of contract by the professional or from the negligently caused loss. However, this can be extended under Section14A of the Limitation Act 1980. As such, the date of knowledge extension of 3 years, already discussed above, is noticeably prevalent in cases involving complex financial advice, mismanagement of legal proceedings, or errors in property and building transactions, where the consequences may not surface until years later.
Where damage is not immediately apparent, therefore, the limitation period may begin from the date the Claimant had, or should reasonably have had, knowledge of:
- The material facts about the damage
- That the damage was attributable to the defendant’s act or omission
- The identity of the defendant
Protecting your legal position
If a claim is brought outside the applicable limitation period, it is likely to be struck out. In most cases, the Court has no discretion to extend time, except in limited circumstances such as personal injury cases.
For professional negligence and other commercially based claims, strict adherence to the limitation period is generally required. Delay can be fatal to your case.
It is important that potential Claimants know how to give themselves the strongest chance to be able to bring a claim.
To safeguard their rights Claimants should:
- Seek legal advice promptly if they suspect professional negligence or other wrongdoing.
- Maintain clear records of events, communications, and losses if possible.
- Understand the relevant limitation period for your type of claim by instructing specialist solicitors. There may be exceptions to the general limitation rules either under separate statutory provision such as the Building Safety Act 2022 or by reason of other provisions under the 1980 Limitation Act.
- Act decisively by going to your legal adviser—even if the full extent of the damage is not yet known.
Remember, early intervention can make the difference between a successful outcome and a lost opportunity.
Closing thoughts
Limitation periods are a silent killer of otherwise valid claims. Whether you’re dealing with a negligent solicitor, a flawed financial plan, or a breach of contract, time is not on your side. Understanding the rules and acting swiftly can make the difference between justice and disappointment.
If you believe you may have a claim, don’t wait. Contact Wealth Recovery Solicitors to speak to a specialist litigation solicitor, who will assess your position and preserve your rights. Because in law, time waits for no one.