Understanding the Limitation of Claims

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by Emma Lee

| 13 December 2023

It is essential to understand the timelines for pursuing a claim. The Professional Litigation Company believes in empowering our clients with knowledge.

What is the Limitation of Claims?

The Limitation of Claims refers to the time period within which a legal action must be started. In the United Kingdom, these time limits are governed by the Limitation Act 1980. The Act sets specific deadlines after which legal proceedings cannot be initiated.

Why is it Important?

The limitation periods serve a dual purpose. Firstly, they ensure that legal disputes are resolved within a reasonable timeframe, thus providing certainty. Secondly, they protect potential defendants from the stress of facing old claims when evidence might no longer be reliable.

Key Limitation Periods You Should Know

Personal Injury: Generally, you have three years from the date of the injury or the date of knowledge of the injury to start a claim.
Contractual Claims: For breaches of contract, the limitation period is usually six years from the date of the breach.
Property Disputes: Claims involving property typically need to be made within six years, but this can vary depending on the specifics of the case.
Defamation: A much shorter period of one year applies to defamation cases.

Remember, these are general guidelines, and exceptions may apply depending on the specifics of your case, one such exception includes claims based on Deeds under seal which have an extended limitation period of 12 years

Exceptional Circumstances

There are instances where the limitation period can be extended, such as in cases involving minors or individuals with mental incapacities. Furthermore, in some instances, the court has discretion to allow claims outside the standard limitation periods.

Importance of Seeking Legal Advice

Understanding when and how the limitation period applies to your case is crucial. Missing a limitation deadline can mean losing the right to have your case heard, regardless of its merits.

How Can the Professional Litigation Company Help?

At the Professional Litigation Company, our experienced litigation team is dedicated to guiding you through every step of your legal journey. We can help you understand how the limitation period applies to your case, advise you on the merits of your claim, and ensure that your rights are protected.

The Limitation of Claims is a key aspect of litigation in the UK, and understanding its implications is essential for anyone considering legal action. If you believe you have a claim, it’s important to seek legal advice as soon as possible to ensure that you do not lose your right to litigate due to time constraints.

For personalised advice on your specific situation, please get in touch with Emma Lee.

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