Limitation

Question 1

Limitation for breach of contract

Answer 1

6 years from the date of breach of contract

Question 2

In a contract for the sale of goods, the date of breach will usually be the date of

Answer 2

delivery

Question 3

Tort other than:
- personal injury
- actions under the
CPA 1987
- latent damage

Answer 3

6 years from the date the damage occurs

Question 4

Limitation for personal injury claims

Answer 4

3 years from the later of:
(a) the date when the damage
occurred; or
(b) the date on which the
claimant first had the knowledge required to bring an action.

Question 5

Limitation for latent (hidden) damage

Answer 5

The later of either:
- 6 years from date of cause of action;
- 3 years from date of knowledge of the damage
- Long-stop: 15 years from the date of the negligence (usually for construction claims)

Question 6

If the limitation period expires without a claim being brought, the case becomes

Answer 6

‘statute-barred’. This means that the claimant can still commence their claim, but the defendant may in its defence rely on the limitation period having expired. If that defence is established, the claim will fail.

Question 7

Limitation period for personal injury claims for minors and protected parties under the Mental Capacity Act 2005

Answer 7

3 years starts to run from when they cease to have a disability (eg turn 18 or gain mental capacity)

Question 8

Can the court disapply limitation periods?

Answer 8

Yes, the court has discretion to disapply the limitation period but will only do so in exceptional circumstances.