TRW & Co · Disputes and arbitration
Limitation Periods in England and Wales: Time Limits to Sue
The main limitation period UK claimants face in England and Wales is six years for contract and tort claims, and twelve years for deeds, under the Limitation Act 1980. Personal injury, defamation and latent damage have their own rules. Once time expires the defendant has a complete defence, so knowing when the clock starts, and how to stop it, matters.
Key pointNegotiations, complaints and a letter before claim do not pause limitation. If expiry is close, agree a written standstill or issue protectively before starting the pre-action correspondence.
At a glance
Six years: contract, tort
Sections 2 and 5 of the Limitation Act 1980 give six years for tort and simple contract claims, running from accrual of the cause of action.
Twelve years: deeds
Claims on a specialty, including contracts executed as deeds, have twelve years under section 8, which is why key commercial agreements are often signed as deeds.
Latent damage and longstop
Negligence claims for hidden damage can run three years from knowledge under section 14A, subject to a fifteen-year longstop from the negligent act under section 14B.
Fraud and concealment
Under section 32, time does not start for fraud, deliberate concealment or mistake until the claimant discovered it or could with reasonable diligence have done so.
Stopping the clock
Only issuing proceedings, a written standstill agreement or, for debts, a signed acknowledgment or part payment protects the claim; negotiations do not pause time.
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The short answer: how long you have to sue
In England and Wales, the main limitation period UK claimants face is six years for claims in contract and tort, running from the date the cause of action accrued. Claims under a deed have twelve years. Personal injury claims generally have three years, defamation one year, and negligence claims for hidden damage can benefit from a three-year period running from the date of knowledge, subject to a fifteen-year longstop.
These periods come almost entirely from the Limitation Act 1980. Once the period expires, the defendant has a complete defence, however strong the claim on its merits. The court does not apply limitation of its own motion; the defendant has to plead it. But a well-advised defendant always will.
The most common and expensive mistake is assuming that negotiation, a complaint or a letter before claim stops the clock. It does not. Only issuing proceedings, a written standstill agreement or, for debts, a signed acknowledgment or part payment changes the position. As of October 2026, the core rules are unchanged, but the reforms to building liability and employment tribunal time limits show how often specialist periods sit alongside the general ones.
The legal framework: the Limitation Act 1980
Every limitation period UK lawyers work with in England and Wales starts from the same statute. The Limitation Act 1980 sets "ordinary" time limits in Part I and the rules that extend, postpone or exclude them in Part II. A claim is "brought" when the claim form is issued by the court, not when it is served. After issue, the claimant then has a limited window under the Civil Procedure Rules to serve the claim form, so issuing at the last minute creates its own risks.
Limitation is a defence that bars the remedy. In most cases it does not extinguish the underlying right, which is why, for example, a time-barred debt can still be paid voluntarily. Claims to land and some property claims work differently, because expiry of the period can extinguish the owner's title.
Scotland and Northern Ireland: a different limitation period UK-wide
Scotland has its own system. Under the Prescription and Limitation (Scotland) Act 1973, many contractual and delictual obligations are extinguished altogether after a five-year prescriptive period, which is a different concept from an English limitation defence. Northern Ireland has a separate statute, the Limitation (Northern Ireland) Order 1989, which broadly mirrors the English model. Where a contract, a defendant or a loss has a Scottish or Northern Irish connection, the governing rules need to be checked early.
The main limitation period UK time limits by type of claim
The table below summarises the periods most often relevant to businesses and individuals in England and Wales. Each is a starting point: the date from which time runs, and the extensions in Part II of the Act, can change the answer.
| Type of claim | Period | Time usually runs from | Source |
|---|---|---|---|
| Simple contract (including unpaid invoices) | 6 years | The date of breach | Section 5 |
| Tort, such as negligence causing financial loss | 6 years | The date damage is suffered | Section 2 |
| Contract executed as a deed (a specialty) | 12 years | The date of breach | Section 8 |
| Personal injury | 3 years | Injury, or later date of knowledge | Sections 11 and 14 |
| Latent damage in negligence (non-injury) | 6 years, or 3 years from knowledge if later | Damage, or the starting date of knowledge | Section 14A |
| Longstop for negligence (non-injury) | 15 years | The last negligent act or omission | Section 14B |
| Defamation and malicious falsehood | 1 year | Publication | Section 4A |
| Contribution between defendants | 2 years | Judgment, award or settlement | Section 10 |
| Action on a judgment | 6 years | The date the judgment became enforceable | Section 24 |
Contract claims
For a contract claim, time runs from the breach, not from when the loss is felt or discovered. If a supplier delivers defective equipment in year one and the defect surfaces in year five, a contract claim may have one year left. This is why many commercial parties execute important agreements as deeds: it doubles the period to twelve years. Our guide to breach of contract remedies explains what can be recovered once a claim is in time.
Negligence and latent damage
For negligence, time runs from when actionable damage occurs, which can be later than the negligent act. Section 14A gives an alternative period of three years from the date the claimant knew, or should reasonably have known, the material facts about the damage and who caused it. Section 14B then imposes a fifteen-year longstop from the last negligent act. Claims against accountants, surveyors and solicitors often turn on these provisions; see our page on professional negligence claims.
Buildings and defective premises
The Building Safety Act 2022 inserted section 4B into the 1980 Act. Claims under section 1 of the Defective Premises Act 1972 now have a fifteen-year period, and claims that had accrued before the reform have thirty years. These are among the longest periods in English law, and they have revived claims that owners and developers assumed had long expired.
When the clock starts late or restarts
The headline limitation period UK statutes set is only half the analysis. Part II of the Act contains the rules that most often rescue, or defeat, a late claim. They are technical, and the burden is generally on the claimant to show that an extension applies.
Fraud, deliberate concealment and mistake
Under section 32, where the action is based on the defendant's fraud, where a relevant fact has been deliberately concealed by the defendant, or where the claim is for relief from the consequences of a mistake, time does not start until the claimant discovered the fraud, concealment or mistake, or could with reasonable diligence have done so. Deliberate commission of a breach of duty in circumstances where it is unlikely to be discovered for some time counts as deliberate concealment. These provisions are central to civil fraud claims, where wrongdoing often comes to light years later.
Acknowledgment and part payment of debts
For a debt or other liquidated sum, a written acknowledgment signed by the debtor, or a part payment, causes the right of action to accrue afresh from that date. The acknowledgment must be in writing and signed by the debtor or its agent. But an acknowledgment or payment made after the period has already expired cannot revive the claim.
Disability and personal injury discretion
Time does not run against a child or a person who lacks mental capacity while the disability continues. In personal injury cases, section 33 gives the court a discretion to disapply the three-year period where it is equitable to do so. There is no equivalent general discretion for commercial claims.
How to stop the clock: proceedings and standstill agreements
There are only a few reliable ways to protect a claim when a limitation period UK courts will enforce is approaching expiry. Choosing between them is a commercial as well as a legal decision.
- Identify every potential claim and defendant. List each cause of action (contract, tort, statutory), each potential defendant and the date each claim accrued. Different claims against the same party can expire on different dates.
- Calculate the earliest possible expiry date. Work from the earliest arguable accrual date, not the most favourable. Courts decide accrual on the facts, and an optimistic assumption is the classic route to a time-barred claim.
- Diarise the expiry and a safety margin. Build in time to prepare and issue a claim form, including any court fee and the particulars or a brief statement of the claim.
- Propose a standstill agreement. A written agreement under which the parties agree that time stops running for an agreed period, or that the defendant will not rely on limitation for that period, preserves the claim while the pre-action protocol steps and negotiation continue.
- Draft the standstill precisely. Define the parties, the claims covered, the start and end dates, how either side can terminate on notice, and what happens on expiry. A vague standstill invites a later argument that a particular claim was not covered.
- Issue protectively if no standstill is agreed. If the defendant will not sign, issue the claim form before expiry and ask the court, or the defendant, to agree a stay while the pre-action steps are completed.
- Serve within the permitted time. Once issued, the claim form must be served within the period allowed by the Civil Procedure Rules. Extensions of time for service are difficult to obtain after the event.
A letter before claim does not pause limitation. The letter before claim and the pre-action protocols assume the claimant has protected its position; if expiry is near, put a standstill agreement in place before the correspondence starts, or issue first and seek a stay.
Options compared: standstill, protective issue or acknowledgment
Each route to protect a claim has a different cost, risk and signal to the other side. The choice of route for a limitation period UK businesses face often depends on the relationship and how close expiry is.
| Route | Best for | Advantages | Drawbacks |
|---|---|---|---|
| Standstill agreement | Cooperative counterparties, complex claims needing investigation | No court fee; time to investigate and negotiate; confidential | Needs the defendant's signature; scope disputes if poorly drafted |
| Protective issue and stay | Uncooperative defendants, imminent expiry | Certain protection once issued; does not depend on agreement | Court fee; service deadline starts running; may escalate the dispute |
| Written acknowledgment or part payment (debts) | Undisputed debts where the debtor is engaging | Restarts the full period for the debt | Only applies to debts and liquidated sums; must be signed and in writing; cannot revive an expired claim |
In cross-border matters, a standstill agreement should also deal with governing law and jurisdiction, and confirm that it is intended to have the same effect on any foreign limitation period, so far as the foreign law allows.
An illustrative scenario
This scenario is illustrative only; the parties are generic.
A UK manufacturer bought a production line from a supplier under a standard purchase contract signed by hand, not as a deed. The line was installed and accepted in the first year. In the fifth year, intermittent failures began. The manufacturer's engineers spent nine months investigating, and only in the sixth year did a report link the failures to a design defect present at delivery.
The manufacturer's contract claim ran from the date of breach, which was delivery of non-conforming equipment, so it was close to expiry by the time the report arrived. A negligence claim might have had a longer runway under section 14A, but pure economic loss is hard to recover in negligence between contracting parties. The manufacturer's lawyers proposed a standstill agreement covering all contract and tort claims arising from the supply. The supplier, which wanted to preserve the commercial relationship, signed. The parties then followed the pre-action steps and agreed a mediation.
Had the supplier refused, the manufacturer would have needed to issue a claim form within weeks and ask for a stay. The lesson is that limitation analysis should start when the problem first appears, not when the investigation ends.
Risks and common mistakes
Assuming time runs from discovery in a contract claim
In contract, time runs from breach, regardless of when the claimant discovers it. Discovery-based rules exist for latent damage in negligence and for fraud, concealment and mistake, but each has its own conditions and the burden of proving them is on the claimant. A business that waits for a full expert report before taking advice on limitation can find that a contract claim has expired while the investigation was under way.
Relying on negotiations or "without prejudice" talks
Settlement discussions do not stop time, however constructive. Nor does a complaint to a regulator, an ombudsman referral or an insurer's investigation. If the other side asks for more time to respond, that is the moment to propose a standstill agreement. Agreeing to extend a response deadline without addressing limitation only helps the potential defendant.
Poorly drafted standstill agreements
Standstill agreements fail when they name the wrong entity, cover only some causes of action, have an unclear end date or omit a notice mechanism. They can also fail to deal with claims that were already time-barred when the agreement was signed, which a standstill cannot revive. Draft it as carefully as any other contract, and diarise the end date with a margin to issue proceedings if talks fail.
Issuing in time but failing to serve
Issuing the claim form stops the limitation clock, but the claim form must then be served within the period set by the Civil Procedure Rules. Serving on a foreign defendant takes longer and may require permission. Courts are strict about extensions sought after the deadline, so a claimant that issues protectively must plan service at the same time.
Forgetting new parties and amendments
Adding a new party or a new cause of action after the period has expired is restricted. Section 35 of the Act and the Civil Procedure Rules allow it only in limited circumstances, for example where the new claim arises out of the same or substantially the same facts. Identify every defendant and every claim before issue.
Cross-border claims and foreign limitation periods
In international disputes, the limitation period UK courts apply is not always English. Under the Foreign Limitation Periods Act 1984, where the English court applies a foreign law to a claim, it generally applies that law's limitation rules too. A contract governed by another country's law can therefore carry a shorter or longer period than six years.
Arbitration has its own rules. The Limitation Act applies to arbitrations seated in England and Wales, and arbitration is "commenced" by the step specified in the arbitration agreement or the Arbitration Act 1996, typically a notice of arbitration. Our guide to the Arbitration Act 2025 covers the recent reforms to that framework.
For UK–Bangladesh matters, Bangladesh's Limitation Act 1908 sets its own periods for suits and execution, and they differ from the English model. Where a judgment or award will need to be enforced in Bangladesh, both the English and Bangladeshi periods should be checked at the outset; our page on UK–Bangladesh disputes explains how we coordinate across the two systems.
What to do next: a limitation checklist
- Record the date of each breach, act or omission and when loss was first suffered.
- Check whether the contract was executed as a deed, and its governing law and dispute resolution clause.
- Identify every potential defendant, including group companies, guarantors and professional advisers.
- Work out the earliest arguable expiry date of each limitation period UK and foreign law may apply, and diarise it with a safety margin.
- Consider whether fraud, concealment, mistake or latent damage provisions may postpone the start date, but do not rely on them without advice.
- If expiry is within months, propose a standstill agreement before sending a letter before claim.
- If no standstill is agreed, prepare to issue protectively and plan service.
- For debts, consider whether a signed acknowledgment or part payment has restarted time.
Where the limitation period UK law imposes is close, early advice is cheaper than any later argument. TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. We advise on limitation, negotiate standstill agreements and issue protective proceedings through our commercial litigation and contract disputes teams. To discuss a claim, contact us at info@trw.co.
Frequently asked questions
01What is the limitation period for breach of contract in the UK?
In England and Wales, a claim for breach of a simple contract must be brought within six years of the date of breach, under section 5 of the Limitation Act 1980. If the contract was executed as a deed, the period is twelve years under section 8. Time runs from the breach, not from when the loss was discovered, so a defect discovered years after delivery may leave little time. Scotland and Northern Ireland have their own statutes, and Scotland's five-year prescription works differently.
02Does a letter before claim stop the limitation period?
No. Sending a letter before claim, negotiating or making a complaint does not pause or extend time. If expiry is approaching, the claimant should either agree a written standstill agreement with the proposed defendant or issue a claim form before the period ends and then ask for a stay while the pre-action steps are completed. Waiting for a reply to correspondence while limitation runs out is one of the most common and avoidable mistakes in commercial litigation.
03What is a standstill agreement?
A standstill agreement is a contract under which the parties agree that time will stop running for limitation purposes for an agreed period, or that the defendant will not rely on time elapsing during that period. It lets the parties investigate and negotiate without issuing proceedings. It should identify the parties and claims covered, set clear start and end dates, include a termination mechanism and state what happens on expiry. It cannot revive a claim that was already time-barred when signed.
04Can a time-barred debt be revived?
Not by acknowledgment or part payment made after the limitation period has expired. Under sections 29 and 30 of the Limitation Act 1980, a signed written acknowledgment or a part payment made before expiry causes the right to recover the debt to accrue afresh. After expiry, the debtor has a limitation defence, although a debtor can still choose to pay. Creditors should therefore track the age of debts and obtain signed acknowledgments while time remains.
05When does time start for a negligence claim?
For negligence causing financial loss, time generally runs from when the claimant suffers actionable damage, which can be later than the negligent act. If the claimant did not know the relevant facts, section 14A allows three years from the date of knowledge if that is later than six years from accrual. Section 14B then imposes an overriding fifteen-year longstop from the last negligent act or omission, regardless of knowledge.
06What is the limitation period for personal injury and defamation?
Personal injury claims generally must be brought within three years of the injury or, if later, the date of knowledge, and the court has a discretion under section 33 to disapply the limit where equitable. Defamation and malicious falsehood claims have a much shorter period of one year from publication under section 4A. Both periods are significantly shorter than the six years that apply to most commercial claims.
Sources and official materials
- Limitation Act 1980 — Time limits for civil claims in England and Wales
- Limitation Act 1980, section 32 — Postponement for fraud, concealment or mistake
- Limitation Act 1980, section 14A — Latent damage in negligence
- Limitation Act 1980, section 4B — Building and defective premises claims
- Prescription and Limitation (Scotland) Act 1973 — Scottish prescription and limitation
- Limitation (Northern Ireland) Order 1989 — Northern Ireland time limits
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.