Limitation Act 1980: Difference between revisions

Limitation Act 1980
Act of Parliament
	Parliament of the United Kingdom
Long title	An Act to consolidate the Limitation Acts 1939 to 1980.
Citation	1980 c. 58
Dates
Royal assent	13 November 1980
Commencement	1 May 1981
Other legislation
Repeals/revokes	Limitation Act 1939; Limitation Act 1975;
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

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Latest revision as of 09:12, 19 March 2024

The Limitation Act 1980 (c. 58)^[1] is an act of the Parliament of the United Kingdom applicable only to England and Wales. It is a statute of limitations which provides timescales within which action may be taken (by issuing a claim form) for breaches of the law. For example, it provides that breaches of an ordinary contract are actionable for six years after the event^[2] whereas breaches of a deed are actionable for twelve years after the event.^[3] In most cases, after the expiry of the time periods specified in the act the remedies available for breaches are extinguished and no action may be taken in the courts in respect of those breaches.

Summary of time limits

The ordinary time limits allowed by the act are set out below. These limits may, in some cases, be extended or altered. Most of the time limits run from the day after the accrual of action, which is "the earliest time at which an action could be brought".^[4] If the potential claimant was not at least 18 or did not have a sound mind at the time of the accrual of action, time will not run until he is at least 18 and has sound mind.^[5] Where there has been fraud or concealment, or the action is for relief from the consequences of a mistake, time will not run until the fraud, concealment or mistake is discovered or could with reasonable diligence be discovered.^[6]

Ordinarily applicable limitation periods for common types of claim
	Type of claim	General limitation period
Trusts	Fraudulent breach of trust	No limit^[7]
Trusts	Recovery of trust property and breach of trust	6 years^[8]
Land	Recovery of land	12 years^[9]
	Recovery of money secured by a mortgage	12 years^[10]
	Recovery of arrears of rent and consequential damages	6 years^[11]
Contract	Speciality	12 years^[3]
Contract	Simple contract	6 years^[2]
Statute	Sum recoverable by virtue of statute	6 years^[12]
Tort and personal injury	Tort: general rule	6 years^[13]
	Personal injury	3 years^[14]
	Fatal Accidents Act 1976 claims	3 years^[15]
	Consumer Protection Act 1987 claims for personal injury or property damage	3 years^[16]
	Conversion of goods	6 years from first conversion
	Claims for personal injury, death or damage against ships or owners	2 years^[17]
	Defamation and malicious falsehood	1 year^[18]
Contribution	Contribution under the Civil Liability (Contribution) Act 1978	2 years^[19]
	Contribution under the Maritime Conventions Act 1911	1 year^[20]
	Human Rights Act 1998 claim against a public authority	1 year^[21]
Unpaid criminal fine	His Majesty's Courts and Tribunals Service Magistrates' Court	N/A (No time limit)

Magistrates' court fine non-payment

In September 2016 His Majesty's Courts and Tribunals Service (HMCTS) set up the "Historic Debt Project" to tackle long outstanding unpaid criminal fines and financial orders, from debtors who previously were difficult to trace, with the use of new intelligence and tracing tools. Outstanding debts of 10 years and longer are pursued by a dedicated team in the HMCTS National Compliance and Enforcement Service. Magistrates' Court fines, being a criminal matter, are not subject to the Limitations Act 1980 (neither can they be included in bankruptcy, an individual voluntary arrangement (IVA) or a debt relief order DRO).

References

^ Limitation Act 1980 (c. 58) Archived 2008-04-08 at the Wayback Machine.
^ ^a ^b Limitation Act 1980, s. 5 Archived 2008-04-08 at the Wayback Machine.
^ ^a ^b Limitation Act 1980, s. 8 Archived 2008-04-08 at the Wayback Machine.
^ Reeves v. Butcher [1891] 2 QB 509.
^ Limitation Act 1980, s.28 Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s.32 Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s. 21(1)(a) Archived 2008-04-07 at the Wayback Machine.
^ Limitation Act 1980, s. 21(3) Archived 2008-04-07 at the Wayback Machine.
^ Limitation Act 1980, s. 15 Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s. 20 Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s. 19 Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s. 9 Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s. 2 Archived 2008-04-08 at the Wayback Machine. If latent damage is discovered, the claimant will have three years from the date at which the claimant is deemed to have known of the damage to make a claim in negligence, up to a maximum of 15 years from the accrual of the cause of action: Limitation Act 1980, ss. 14A and 14B Archived 2008-04-08 at the Wayback Machine
^
From the date of accurual of the cause of action or knowledge, whichever is later: Limitation Act 1980, s. 11(4) Archived 2008-04-08 at the Wayback Machine. The date of knowledge is where the claimant had knowledge and could reasonable have ascertained (with or without the help of expert advice) such facts so as to have knowledge: (s. 14 Archived 2008-04-08 at the Wayback Machine)
- that the injury in question was significant; and
- that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
- the identity of the defendant; and
- if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.
The court may allow an action to proceed despite the expiry of the time limit (s. 33 Archived 2008-04-08 at the Wayback Machine) if it would be equitable to do so, taking into account particularly:
- potential prejudice to the claimant and defendant;
- length of delay and reasons for delay;
- extent to which the evidence is likely to be less cogent;
- conduct of the defendant in responding to requests for information, etc.;
- extent to which the claimant acted promptly; and
- expert advice received by the claimant.
^ Limitation Act 1980, s. 12 Archived 2008-04-08 at the Wayback Machine.
^ From the date of accurual of the cause of action or knowledge, whichever is later, where the claim includes a claim for personal injury: Limitation Act 1980, s. 11A Archived 2008-04-08 at the Wayback Machine.
^ Merchant Shipping Act 1995, s. 190(3) Archived 2008-04-07 at the Wayback Machine.
^ Limitation Act 1980, s. 4A Archived 2008-04-08 at the Wayback Machine unless it would nevertheless be equitable for the action to proceed: s. 32 A Archived 2008-04-08 at the Wayback Machine.
^ Limitation Act 1980, s. 10 Archived 2008-04-08 at the Wayback Machine.
^ Merchant Shipping Act 1995, s. 190(4) Archived 2008-04-07 at the Wayback Machine.
^ Human Rights Act 1998, s. 7 (5) Archived 2008-04-08 at the Wayback Machine.

External links

Text of the Limitation Act 1980 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

[1] Limitation Act 1980 (c. 58) Archived 2008-04-08 at the Wayback Machine.

[Contract-2] Limitation Act 1980, s. 5 Archived 2008-04-08 at the Wayback Machine.

[Specialty-3] Limitation Act 1980, s. 8 Archived 2008-04-08 at the Wayback Machine.

[4] Reeves v. Butcher [1891] 2 QB 509.

[5] Limitation Act 1980, s.28 Archived 2008-04-08 at the Wayback Machine.

[6] Limitation Act 1980, s.32 Archived 2008-04-08 at the Wayback Machine.

[7] Limitation Act 1980, s. 21(1)(a) Archived 2008-04-07 at the Wayback Machine.

[8] Limitation Act 1980, s. 21(3) Archived 2008-04-07 at the Wayback Machine.

[9] Limitation Act 1980, s. 15 Archived 2008-04-08 at the Wayback Machine.

[10] Limitation Act 1980, s. 20 Archived 2008-04-08 at the Wayback Machine.

[11] Limitation Act 1980, s. 19 Archived 2008-04-08 at the Wayback Machine.

[12] Limitation Act 1980, s. 9 Archived 2008-04-08 at the Wayback Machine.

[13] Limitation Act 1980, s. 2 Archived 2008-04-08 at the Wayback Machine. If latent damage is discovered, the claimant will have three years from the date at which the claimant is deemed to have known of the damage to make a claim in negligence, up to a maximum of 15 years from the accrual of the cause of action: Limitation Act 1980, ss. 14A and 14B Archived 2008-04-08 at the Wayback Machine

[14] From the date of accurual of the cause of action or knowledge, whichever is later: Limitation Act 1980, s. 11(4) Archived 2008-04-08 at the Wayback Machine. The date of knowledge is where the claimant had knowledge and could reasonable have ascertained (with or without the help of expert advice) such facts so as to have knowledge: (s. 14 Archived 2008-04-08 at the Wayback Machine)
that the injury in question was significant; and

that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and

the identity of the defendant; and

if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.
The court may allow an action to proceed despite the expiry of the time limit (s. 33 Archived 2008-04-08 at the Wayback Machine) if it would be equitable to do so, taking into account particularly:
potential prejudice to the claimant and defendant;

length of delay and reasons for delay;

extent to which the evidence is likely to be less cogent;

conduct of the defendant in responding to requests for information, etc.;

extent to which the claimant acted promptly; and

expert advice received by the claimant.

[15] that the injury in question was significant; and

[16] that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and

[17] the identity of the defendant; and

[18] t is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.

[19] tential prejudice to the claimant and defendant;

[20] th of delay and reasons for delay;

[21] xtent to which the evidence is likely to be less cogent;

[22] uct of the defendant in responding to requests for information, etc.;

[23] xtent to which the claimant acted promptly; and

[24] xpert advice received by the claimant.

[15] Limitation Act 1980, s. 12 Archived 2008-04-08 at the Wayback Machine.

[16] From the date of accurual of the cause of action or knowledge, whichever is later, where the claim includes a claim for personal injury: Limitation Act 1980, s. 11A Archived 2008-04-08 at the Wayback Machine.

[17] Merchant Shipping Act 1995, s. 190(3) Archived 2008-04-07 at the Wayback Machine.

[18] Limitation Act 1980, s. 4A Archived 2008-04-08 at the Wayback Machine unless it would nevertheless be equitable for the action to proceed: s. 32 A Archived 2008-04-08 at the Wayback Machine.

[19] Limitation Act 1980, s. 10 Archived 2008-04-08 at the Wayback Machine.

[20] Merchant Shipping Act 1995, s. 190(4) Archived 2008-04-07 at the Wayback Machine.

[21] Human Rights Act 1998, s. 7 (5) Archived 2008-04-08 at the Wayback Machine.

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@@ Line 1: / Line 1: @@
 {{Infobox UK legislation
-|short_title           =
+|short_title           = Limitation Act 1980
 |type                  = Act
 |parliament            = Parliament of the United Kingdom
 |long_title            = An Act to consolidate the Limitation Acts 1939 to 1980.
 |year                  = 1980
-|citation              = 1980 c. 58
+|citation              = [[List of acts of the Parliament of the United Kingdom from 1980|1980]] c. 58
 |introduced_commons    =
 |introduced_lords      =
@@ Line 26: / Line 26: @@
 |millbankhansard       =
 }}
-The '''Limitation Act 1980''' (c. 58)<ref>[http://www.statutelaw.gov.uk/legResults.aspx?activeTextDocId=1355378 Limitation Act 1980 (c. 58)] {{webarchive|url=https://web.archive.org/web/20080408011230/http://www.statutelaw.gov.uk/legResults.aspx?activeTextDocId=1355378 |date=2008-04-08 }}.</ref> is an [[Acts of Parliament in the United Kingdom|Act]] of the [[Parliament of the United Kingdom]] applicable only to England and Wales. It is a [[statute of limitations]] which provides timescales within which action may be taken (by issuing a claim form) for breaches of the law. For example, it provides that breaches of an ordinary [[contract]] are actionable for six years after the event<ref name="Contract">Limitation Act 1980, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355390 s. 5] {{webarchive|url=https://web.archive.org/web/20080408011047/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355390 |date=2008-04-08 }}.
+The '''Limitation Act 1980''' (c. 58)<ref>[http://www.statutelaw.gov.uk/legResults.aspx?activeTextDocId=1355378 Limitation Act 1980 (c. 58)] {{webarchive|url=https://web.archive.org/web/20080408011230/http://www.statutelaw.gov.uk/legResults.aspx?activeTextDocId=1355378 |date=2008-04-08 }}.</ref> is an [[act of Parliament (UK)|act]] of the [[Parliament of the United Kingdom]] applicable only to England and Wales. It is a [[statute of limitations]] which provides timescales within which action may be taken (by issuing a claim form) for breaches of the law. For example, it provides that breaches of an ordinary [[contract]] are actionable for six years after the event<ref name="Contract">Limitation Act 1980, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355390 s. 5] {{webarchive|url=https://web.archive.org/web/20080408011047/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355390 |date=2008-04-08 }}.
 </ref> whereas breaches of a [[deed]] are actionable for twelve years after the event.<ref name="Specialty">Limitation Act 1980, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355394 s. 8] {{webarchive|url=https://web.archive.org/web/20080408011052/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355394 |date=2008-04-08 }}.
-</ref> In most cases, after the expiry of the time periods specified in the Act the [[legal remedy|remedies]] available for breaches are extinguished and no action may be taken in the courts in respect of those breaches.
+</ref> In most cases, after the expiry of the time periods specified in the act the [[legal remedy|remedies]] available for breaches are extinguished and no action may be taken in the courts in respect of those breaches.
 == Summary of time limits ==
@@ Line 144: / Line 144: @@
 |-
 !rowspan=1| Unpaid criminal fine
-|  [[Her Majesty's Courts and Tribunals Service]] Magistrates' Court
+|  [[His Majesty's Courts and Tribunals Service]] Magistrates' Court
 | N/A (No time limit)
@@ Line 150: / Line 150: @@
 ==Magistrates' court fine non-payment==
-In September 2016 [[Her Majesty's Courts and Tribunals Service]] (HMCTS) set up the "[[Historic Debt Project]]" to tackle long outstanding unpaid criminal fines and financial orders, from [[debtors]] who previously were difficult to trace, with the use of new intelligence and tracing tools. Outstanding debts of 10 years and longer are pursued by a dedicated team in the HMCTS [[National Compliance and Enforcement Service]]. Magistrates' Court fines, being a criminal matter, are not subject to the Limitations Act 1980 (neither can they be included in [[bankruptcy]], an  [[Individual Voluntary Arrangement]] (IVA) or a [[Debt Relief Order]] DRO).
+In September 2016 [[His Majesty's Courts and Tribunals Service]] (HMCTS) set up the "[[Historic Debt Project]]" to tackle long outstanding unpaid criminal fines and financial orders, from [[debtors]] who previously were difficult to trace, with the use of new intelligence and tracing tools. Outstanding debts of 10 years and longer are pursued by a dedicated team in the HMCTS [[National Compliance and Enforcement Service]]. Magistrates' Court fines, being a criminal matter, are not subject to the Limitations Act 1980 (neither can they be included in [[bankruptcy]], an [[individual voluntary arrangement]] (IVA) or a [[debt relief order]] DRO).
 == References ==