Limitation periods | Practical Law https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=...

disputes
relatingto
cheques.

• Threeyearsfor
insurance
disputes.

• Threeyearsfor
causing harm
( tort).

• Tenyearsfor
building
contracts
(defects).

• Oneyearfor
carriage of
goods by sea.

• Oneyearfor
employment-
related
disputes.

UK (England and
Wales ) • Simple Claims • Simple Claims in contract: the
in contract: six date of the breach of
years. contract.

• Claims brought • Claims brought in respect of

in respect of deeds: breach of the
deeds: 12 Obligation contained in the
years. deed.

• Tort ( excluding • Tort: the date the damage is

personal injury suffered.
and latent
damage ): six
• Personal injury: the later of
the date the damage
years.
occurred orthe date of
• Personal knowledge of the person
injury: three injured.
years.
• Negligence ( in respect of
• Negligence (in latent damage): the later of
respect of six years from the date the
latent damage occurred orthree
damage ): three years from the date on which
years or six the claimant had the
years, subject requisite knowledge and the
to a maximum right to bring such an action.
period 15 years
from the
• Fraud: when the claimant
discovered the fraud, or
negligent act
when he or she could, with
or omission.
reasonable diligence, have
• Fraud: six discovered it.
years.
• Defamation: the date of
• Defamation: publication of the
oneyear. defamatory act.

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UK (Northern Claims brought in Accrual of the cause of action ( the

Ireland) respect of deeds: 12 date of the breach of contract) .
years.

Simple Claims in From the date of breach of the

contract: six years. contract.

Tort (excluding Accrual of the cause of action ( the

personal injury and date that the claimant suffers the
latent damage): six damage),
years.

Personal injury: three Accrual ofthe cause of action ( or if

years. later, the claimant ' s date of
knowledge).
Negligence (in Accrual of the cause of action or, if
later, the claimant ' s date of
respect of latent
knowledge.
damage): three years
or six years, subject to
a

maximum period 15
years from the
negligent act or
omission.

Fraud: six years. Accrual ofthe cause of action.

Defamation: one year. Accrual of the cause of action.

Negligence actions Three years from the

where the material claimant's date of knowledge,

facts relevant to subject to an overriding time limit
cause of action are ofl5
not known to
years from the defendant 's
the claimant at the negligent act or omission.
date ofthe accrual of
action.

Fraud, concealment Time will not begin to run until the

or mistake. claimant has, or could with
reasonable diligence have,

discovered the fraud, concealment

or mistake.

UK (Scotland ) In brief, a five-year For contractual and delictual

prescriptive period Claims, the prescriptive period runs
applies to contractual from the date when the loss or
Claims and Claims in damage occurred.
delict, as well as
certain tenancy
Currently, in cases of latent damage,
the prescriptive period Starts when
matters.
the claimant became aware, or
A three- year could with reasonable diligence
limitation period have become aware, ofthe damage.
applies to personal
The new Prescription (Scotland ) Act
injury, defamation
2018 changes this current
and harassment
Claims. “ discoverability ” position. linder
this new legislation, for the

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prescriptive period to Start running,

Aten- year
the claimant must be aware (1) that
prescriptive period
loss, injury or damage has occurred;
applies to Claims ( 2) that it was caused by a person’s
underthe Consumer
wrongdoing; and (3) of the identity
Protection Act 1987. of the wrongdoer. The operative
provisions of this new Act are not
yet in force.

ENDOFDOCUMENT

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