Limitation is the legal deadline for bringing proceedings. It is not simply an administrative target. If the period expires, a defendant may have a complete defence even where the underlying complaint appears strong.
Key points
What to know at a glance
- Do not rely on a single general deadline
- Identify when the legal cause accrued
- Complaints do not usually stop time
- Verify the correct defendant
- Seek advice early enough to investigate
Different claims, different periods
Personal injury, contract, property, defamation, human-rights and public-law disputes can have different rules. The cause of action, date of accrual and identity of defendant matter. Never apply a general “three-year” or “six-year” assumption without checking.
When time starts
Time may run from the event, breach, damage, publication or a later date recognised by statute. Knowledge provisions and latent damage rules can be complex. The date a person first sought advice is not usually the starting point.
Children and capacity
Special provisions may postpone or alter limitation for minors and people under disability, but the precise rule depends on the claim. It remains sensible to investigate early while records and witnesses are available.
Negotiation does not stop time
Complaints, insurer correspondence, settlement discussions and promises to investigate do not ordinarily suspend limitation. A standstill agreement or issued proceedings may be required, but only careful written arrangements can be relied upon.
Adding parties and changing claims
Identifying the correct legal defendant is essential. Naming a trading style, wrong public body or dissolved entity can create serious problems. Amendments after expiry are restricted and should not be assumed available.
Protective proceedings
Where investigation is incomplete but the deadline approaches, protective proceedings may be considered. Issuing is not a substitute for preparation, and service deadlines follow. Obtain urgent advice before the final weeks or days.
Common questions
Frequently asked questions
Is the deadline always three years for injury?+
No. The statutory rules and exceptions require case-specific analysis.
Does an admission extend time?+
Not automatically. The wording and legal effect need assessment.
Can the court extend limitation?+
Discretion exists in some contexts but not all, and should never be assumed.
What documents should I keep?+
Contracts, correspondence, invoices, photographs, medical material and a chronology of events.
Primary legal sources
Legislation and official guidance
These sources are provided for transparency. Legislation may be amended or commenced in stages, and reading the statutory text is not a substitute for advice.