Limitation Act 1980
The Limitation Act 1980 is a British Act of Parliament applicable only to England and Wales. It is a statute of limitations which provides timescales within which action may be taken for breaches of the law. For example, it provides that breaches of an ordinary contract are actionable for six years after the event whereas breaches of a deed are actionable for twelve years after the event. In most cases, after the expiry of the time periods specified in the Act the remedies available for breaches are extinguished and no action may be taken in the courts in respect of those breaches.
Summary of time limits
The ordinary time limits allowed by the act are set out below. These limits may, in some cases, be extended or altered. Most of the time limits run from the day after the accrual of action, which is "the earliest time at which an action could be brought". If the potential claimant was not at least 18 or did not have a sound mind at the time of the accrual of action, time will not run until he is at least 18 and has sound mind. Where there has been fraud or concealment, or the action is for relief from the consequences of a mistake, time will not run until the fraud, concealment or mistake is discovered or could with reasonable diligence be discovered.Type of claim | General limitation period | |
Trusts | Fraudulent breach of trust | No limit |
Trusts | Recovery of trust property and breach of trust | 6 years |
Land | Recovery of land | 12 years |
Land | Recovery of money secured by a mortgage | 12 years |
Land | Recovery of arrears of rent and consequential damages | 6 years |
Contract | Speciality | 12 years |
Contract | Simple contract | 6 years |
Statute | Sum recoverable by virtue of statute | 6 years |
Tort and personal injury | Tort: general rule | 6 years |
Tort and personal injury | Personal injury | 3 years |
Tort and personal injury | Fatal Accidents Act 1976 claims | 3 years |
Tort and personal injury | Consumer Protection Act 1987 claims for personal injury or property damage | 3 years |
Tort and personal injury | Conversion of goods | 6 years from first conversion |
Tort and personal injury | Claims for personal injury, death or damage against ships or owners | 2 years |
Tort and personal injury | Defamation and malicious falsehood | 1 year |
Contribution | Contribution under the Civil Liability Act 1978 | 2 years |
Contribution | Contribution under the Maritime Conventions Act 1911 | 1 year |
Contribution | Human Rights Act 1998 claim against a public authority | 1 year |
Unpaid criminal fine | Her Majesty's Courts and Tribunals Service Magistrates' Court | N/A |