Is There a Time Limit for Suing Someone in England and Wales?
The law in England and Wales sets strict time limits for bringing civil claims. These limits are primarily governed by the Limitation Act 1980, which establishes deadlines for different types of legal actions. The key principles and time limits relevant to construction and engineering claims are explained below.
Why is there a time limit at all?
The purpose of time limits (known as limitation periods) is to prevent claims being brought long after the relevant events, when evidence may have been lost, and memories may have faded. The also law aims to strike a balance between the right of claimants to seek justice and the need to protect defendants from indefinite liability. Courts discourage the pursuit of old claims due to the risk of unreliable evidence and the difficulty of ensuring a fair trial. However, exceptions exist to prevent injustice in cases where claimants were unaware of their legal rights or the harm suffered.
What are the time limits for different claims?
There are lots of different types of claims, and lots of different limitation periods, but the ones which commonly arise in construction and engineering cases are as follows:
for tort claims (including negligence): The time limit for bringing an action in tort is six years from the date when the cause of action accrued. This means that the clock starts running from the moment the wrongful act occurs.
for contract claims: For breach of contract, the limitation period is six years from the date of the breach. This applies to ‘simple contracts’ that are not executed as deeds. If a contract has been executed as a deed, then the limitation period is twelve years from the date of the breach.
for contribution claims: If a person who has been sued seeks to claim a contribution from another party under the Civil Liability (Contribution) Act 1978, they must do so within two years of the date the original right to seek a contribution arose.
Exceptions & Extensions
As with most things in life, where there are rules there are exceptions. There are certain circumstances where limitation periods may be extended or delayed. For example:
actions for fraud, concealment, or mistake: if the defendant has deliberately concealed facts relevant to the claim, the limitation period only begins when the claimant discovers (or could reasonably have discovered) the concealment.
actions for latent damage (hidden defects in property, or professional negligence): in negligence claims where the damage is not immediately apparent, the claimant has six years from the date the damage occurred, or three years from when they first knew (or ought to have known) about it, subject to an absolute longstop of fifteen years.
When is an Action Considered to be 'Brought'?
A legal action is considered ‘brought’ for limitation purposes when the court receives the claim form (as documented by when it is ‘sealed’), not when it is served on the defendant. Any delays caused by court processing do not affect the limitation period, as long as the claim form has been properly submitted in time.
Conclusion
There are strict time limits for suing someone in England and Wales. The Limitation Act 1980 sets out specific deadlines depending on the type of claim. Failing to act within the prescribed timeframes may result in losing the right to bring a claim altogether.
If you would like advice about whether it is too late to bring a claim, or if someone has brought a claim against you a long time after the relevant events, contact Hamshaw today.