There are many different types of civil claims, but whatever type of claim you may have, it’s crucially important to ensure you bring the claim within the relevant limitation period applicable in your particular case. If you don’t, the defendant(s) will have a complete defence to the claim on the basis that it is “time-barred”. This issue is therefore crucial for Claimants and Defendants alike.
The starting point is to identify the date upon which the limitation period started to run. This is generally the date when the Claimant was first able to properly bring the claim—so, for example, in the case of an unpaid invoice, the date when the invoice became overdue; or, in a claim for breach of contract, the date of the breach. However, there are some cases where the limitation period does not commence until the date when the Claimant might first have reasonably discovered that they had a claim—for example, where negligence has caused latent damage that only became apparent sometime after it was caused. Each case is different, and identifying the correct starting point for limitation purposes is often not straightforward.
Once you have identified the relevant starting point, how long do you have in which to bring the claim? This depends on the type of claim, as there are various time limits depending on what the claim is about, and, again, every case is different. In general, some of the more commonly encountered limitation periods are:
- For a breach of contract claim, 6 years from the date of the breach. This means that for most invoices, a claim for payment can still be made up to 6 years from the date when the invoice fell due for payment. This may be the date of the invoice, but not necessarily so;
- For claims for civil wrongs such as negligence (referred to as “torts”), 6 years from the date on which the cause of action accrued (but see below);
- However, for claims relating to personal injury or death resulting from negligence, the limitation period is 3 years from the date of the accrual of the cause of action (commonly the date the incident occurred) or from the date when the Claimant knows or ought reasonably to have known of the damage, whichever is the later;
- For claims for defamation—both libel and slander—the limitation period is 1 year from the date of publication of the defamatory statement (though determining the date of publication is not always easy).
Each claim will have a specific limitation period that applies to it and a date upon which that period commenced. It is vital to identify both of those as soon as possible in order to avoid coming under time pressure and, ultimately, the claim being time-barred. Missing the limitation period for a claim provides a Defendant with a complete defence to the claim, irrespective of the merits of the claim or indeed the defence.
For this reason, it is sensible for prospective claimants to seek legal advice as soon as possible if they believe they have a claim. Gavin Evans, Partner in the Commercial Dispute Resolution team at Wilkes, comments:
“With many limitation periods being several years, it’s very easy for a Claimant to take their eye off the ball and allow a prospective claim to drift along. This might be because they do not feel they have the time, energy, or resources to address it, or it might be because they are negotiating with the potential Defendant and think that an agreement will be reached. Whilst discussion and negotiation are encouraged by the Court, the fact is that before a claim is issued, the clock is ticking, and it’s very easy to find yourself out of time.”
How can Wilkes help?
For more information on what type of claim you may have and for advice about limitation issues regularly and having an excellent track record in resolving disputes effectively without the costs, stress, and uncertainties of a full trial, please contact Gavin Evans on 0121 233 433 or by email at [email protected] or contact any member of the Commercial Dispute Resolution team at 0121 233 433.
