Have you heard of a ‘limitation date’? The ‘limitation date’ refers to the deadline by which a legal claim must be started, as defined by the Limitation Act 1980.
Understanding Limitation Periods
For personal injury claims, the general rule is that a court claim must be brought within three years from either the date the cause of action accrued (typically the date of the injury) or the claimant’s ‘date of knowledge’, whichever is later. The ‘date of knowledge’ is defined under Section 14(1) as the point at which the claimant first knew, or could reasonably have been expected to know, that the injury was significant, caused by the actions of another, and the identity of that ‘other’.
For other claims, such as those for breach of contract, the limitation period is six years from the date the cause of action accrued. This means the clock starts ticking from the moment the breach (or break) occurred, regardless of when you became aware of it. This rule applies even if the breach only comes to light years later, making early legal advice vital to protect your position.
Understanding the exact limitation date can be complex, particularly in cases involving unusual or progressive injuries or breaches of contract. For instance, in clinical negligence claims, the limitation period may begin from the date that you first had knowledge of the injury’s cause, which might be much later than the date of the negligent act itself. Similarly, in professional negligence claims involving financial loss, the issue of when damage is first suffered can also be open to interpretation and dispute.
Is It Ever Possible to Extend the Limitation Period?
Courts may also exercise discretion under Section 33 of the Act to extend the limitation period in certain circumstances, such as where it is equitable to do so, balancing the prejudice to both parties. However, this discretion is not guaranteed and should not be relied upon as a fallback option.
If you are concerned about an approaching or missed limitation date, it is crucial to act promptly. Missing a limitation deadline can result in the claim being statute-barred, potentially providing your opponent with a complete defence. However, in some cases, protective proceedings can be issued to preserve the claim while further investigations are conducted.
At Howell Jones, our specialist litigation solicitors in Surrey can assist in assessing your case and advising on the best course of action. Don’t wait until it’s too late — get in touch with our Surrey solicitors today for timely, practical, and expert legal support.
