How long is the Limitation Period?

Below are the most commonly encountered Actions. Many time limits are subject to exception or suspension under various provisions of the Limitation Act.

  1. Action in TORT - 6 years from the date of accrual of the Action;
  2. Action for damages for personal injuries – 3 years from date of discover-ability with judicial discretion to extend;
  3. Action in negligence where damage not immediately discoverable – 6 years from date of accrual or 3 years from date of discover-ability with longstop of 15 years after last negligence
  4. Defamation – 3 years from date of accrual subject to limited judicial discretion to extend
  5. Action to recover Rent – 6 years from date when Rent due
  6. Action to recover land – 12 years from date of accrual

These are merely examples of the time limits imposed and need to be considered in advance as the consequences of non-compliance are generally serious. Naturally, there are numerous other time limits. Appeals in a Criminal case from Magistrates to Crown Court will generally be 21 days. To the Court of Appeal 28 days as from date of conviction in the Crown Court. In Civil Courts, appeals will generally be within 21 days, unless stated in the Order to be otherwise. Judicial Review, though itself under review, is currently three months from the decision to be reviewed. An Employment Tribunal Application must be lodged within three months, whilst an Appeal to the Employment Appeal Tribunal within 42 days. There are endless examples as evidenced by claims under the Human Rights Act with a time limit of 12 months.

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