Limitation Periods – How Long Do You Have to Bring a Legal Claim?

When a dispute arises, whether in business or your personal life, time isn’t always on your side. If you’re thinking about making a legal claim, it’s important to know that there are legal time limits for doing so. These are known as limitation periods.

At Ashtons Legal, we regularly help clients understand how much time they have to take action and what options are available if a deadline is approaching or has already passed.

Here’s what you need to know.

What Is a Limitation Period?

A limitation period is the legal time limit you have to start a claim in court. If you miss this window, the defendant may have an automatic defence to the claim, even if your case is otherwise strong.

Limitation periods apply to a wide range of legal matters, including:

• Unpaid invoices and debt recovery
• Breach of contract
• Negligence (including professional or medical negligence)
• Personal injury
• Property and land disputes
• Defamation

These timeframes are set out in legislation, primarily the Limitation Act 1980, and vary depending on the type of claim.

Common Limitation Periods

Below are some of the most common limitation periods we advise on:

Type of Claim and the Limitation Period

• Simple contract disputes – 6 years
• Debt recovery – 6 years
• Breach of a deed – 12 years
• Negligence claims – 6 years
• Defamation or libel – 1 year
• Claims over land – 12 years

These periods usually run from the date of the incident or breach, but some exceptions may apply.

Why Do Limitation Periods Exist?

Limitation periods are there to:

• Encourage people to deal with disputes promptly
• Ensure evidence is still available and reliable
• Provide certainty for both sides over time

Once the limitation period has passed, the other party can raise this as a defence to stop the claim from proceeding, even if liability would otherwise be clear.

Exceptions and Extensions

There are certain circumstances where the limitation period may be extended or paused (legally known as being “tolled”). These include:

• Where the injured party is a child – time doesn’t start running until they turn 18
• Where the person lacks mental capacity
• In cases of fraud, concealment, or mistake – time may run from when the issue is discovered
• These situations can be complex, and it’s vital to get advice early.

What Happens If You Miss the Deadline?

If you try to bring a claim after the limitation period has expired, the defendant will usually raise limitation as a complete defence, and the claim will be struck out. This is known as the claim being “statute-barred”.

In some limited circumstances, courts may allow claims to proceed, especially in personal injury or clinical negligence cases, but only if it’s fair to do so. Bringing a claim outside of the normal limitation periods is possible, but difficult, and at the discretion of the court.

If you’re unsure whether your time has run out, it’s essential to seek legal advice as soon as possible.

How Ashtons Legal Can Help

At Ashtons Legal, we help individuals and businesses:

• Understand how limitation periods apply to their specific situation
• Identify the correct starting point for time limits
• Act quickly to protect their position
• Assess the risk of being statute-barred if a claim is late
• Handle disputes and negotiations before court action becomes necessary

We’ll provide clear, practical advice to help you make an informed decision and act in time.

Need Advice on a Legal Deadline?

If you’re unsure whether you’re still in time to bring a claim or if someone has brought a claim against you, our specialist solicitors are here to help.

Please contact Abbie Clapham, use our online enquiry form, or call 0330 404 0738.

We’re here to help you take control and move forward.