Introduction

If proceedings are not commenced within the relevant limitation period, the claimant will
be barred from recovering damages and on this basis, the defendant will have a full
defence.
The most important legislation in this area is the Limitation Act 1980, which has been
amended several times. Section references in this element are references to sections of
this Act unless otherwise stated.

Read alongside:
Access the Limitation Act 1980. Read the sections referred to in this
element as they are mentioned.
If you access the Act via the White Book (either online or in print) you will
guided to useful commentary.

The following page shows a broad map of the sections of the Act which will be explored
in this element. It aims to set out a logical order in which you might consider the relevant
sections, but it is no substitute for reading the sections concerned in full, and it does not
illustrate all the links between the sections.
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2
claim? s 14B

Judgment claim s 24

Tort claim s2

Contractual
s5
claim?
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2 We will
claim? s 14B consider
first the
Judgment claim s 24 regime for
fatal
Tort claim s2 accidents
and
Contractual personal
s5 injury
claim?
claims
 Personal injury claims (s 11)
When a party makes claim that includes a claim for personal injuries, the claimant must
bring the claim within 3 years of the latest of:
(a) the date when the cause of action accrued; or
(b) the date of knowledge of the person injured.
The date of knowledge is defined in s.14, which will be considered shortly.

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Fatal accidents (s 12)
Context
Imagine that an employee dies at work due to the negligent failure of his employer to
provide a safe place to work. The Fatal Accidents Act 1976 provides that, in certain
circumstances, people who were depending on that employee (perhaps the employee's
children) can claim compensation from the employer.
Time limit
The time limits on a claim under the Fatal Accidents Act 1976 are that:
(a) The claim cannot be brought if the person injured (in our example, the employee)
could no longer bring a claim. In most cases, you will need to apply s 11 to ascertain
this, viewing matters from the injured person's perspective.
(b) The claim cannot be brought after 3 years from the later of:
i. Date of death;
ii. The date of knowledge of the dependent.
The date of knowledge is also defined in s.14, which we will now consider.
Date of knowledge (s 14)
Date of knowledge means knowing:
(a) That the injury was significant;
(b) That it was attributable (at least in part) to the alleged wrongdoing;
(c) The identity of the defendant;
(d) If it is alleged that the wrongdoing was by someone other than the defendant, the
identity of that person and the additional facts supporting bringing the claim against
the defendant.
When you are looking at this provision in the context of s 12 (claims under the Fatal
Accidents Act 1976) then you are looking at this from the perspective of the dependent
(ie you are interrogating the dependent's knowledge), but the injury referred to is
obviously the fatal injury to the deceased.
Note that it is knowledge of the facts which permits the limitation period to start running.
The claimant may or may not realise that, given those facts, he/she has a claim in
negligence. This is not relevant to this test.
Dates of knowledge include knowledge which the claimant might reasonably have been
expected to acquire from an expert / facts observable / ascertainable by him.
Illustration
A pedestrian is considering a personal injury claim having been hit by a van. When does
limitation expire?
The relevant history is as follows. On 1 January 2015, the pedestrian was hit by a
delivery van. He was knocked unconscious, but when he regained consciousness, he
had a mark on his head where it hit the ground, but no serious injuries. In March 2018, he
began to suffer from frequent debilitating headaches (he realised the injury was
significant). He went to a doctor, and by April 2018, medical professionals confirmed that
the headaches were attributable to the head injury he suffered when hit by a van (he
therefore realised that the injury was attributable to the alleged wrongdoing). Using the
registration number which he kept a record of, on 1 June 2018 he identified the driver of
the vehicle. He wrote to the driver, and on 1 July 2018, the driver identified that he was
making the delivery as part of his job as an employee of Books Birmingham Limited.
Assuming the pedestrian intends to bring proceedings against Books Birmingham, then
the defendant and the facts supporting bringing the claim against the defendant (rather
than the driver) were identified on 1 July 2018.
Applying s 11, the limitation date within 3 years of the later of the date when the
causation accrued (1 January 2015) and the date of knowledge (1 July 2018). So the
claim must be brought within 3 years of 1 July 2018 – by 1 July 2021 at the latest.
Extensions of time (s 33)
The court can extend time in relation to s 11 or 12 if that would be equitable, balancing
the prejudice to the claimant caused by the limitation period with any prejudice to the
defendant which allowing the claim would cause. The court will look at the conduct of the
parties, the reasons for the delay and the effect of such a late claim on the evidence.
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2
claim? s 14B
Next we will
Judgment claim s 24 consider
the regime
Tort claim s2 for claims
for
Contractual contribution
s5
claim?
Contribution (s 10)
There are some circumstances in which a person liable for damage, can claim a
contribution from another person.
Example
The claimant buys a television which malfunctions and causes a fire. Assume that the
claimant has a claim in breach of contract against the shop that sold the television.
Assume that the claimant also has a claim in negligence against the manufacturer of the
product. Both parties are liable for the same damage and if the claimant claims against
the retailer, then then retailer may be entitled to claim a 'contribution' towards that liability
from the manufacturer under s 1 of the Civil Liability (Contribution) Act 1978.
In those circumstances, the limitation date is two years from the date on which the right
to recover the contribution arose. This is calculated as:
(a) The date when the judgment was given imposing liability on the first party (the retailer,
in our example);
(b) In cases where the first party agreed to make the payment (rather than having a
judgment imposed on him), the date on which the amount to be paid was first agreed.
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2
claim? s 14B Next we will
consider
Judgment claim s 24 the regime
for 'latent
Tort claim s2 damage'
negligence
Contractual claims
s5
claim?
 Aun mutations1increase of Smtg overtime
Negligence actions where facts relevant to the cause of action are not known at
the date of accrual (ss 14A and 14B)
Note that this provision does not apply to personal injury claims – ss 11 and 12 (see
above) take precedence.
Sometimes, an act of negligence causes damage that the claimant might be unaware of
for a long period of time. Imagine, for example, that a house is constructed negligently
such that, from the outset, parts of the foundations are subject to rot in a way that starts
immediately, but which the claimant might not be aware of (because the foundations are
hidden) until 10 years later. The cause of action accrues at the time the house is built
because the rot (the damage) starts immediately, and so applying the 'usual' 6 year rule,
limitation would expire before the claimant is even aware of a problem.
This would be an unfair result, which s 14A seeks to avoid.
Section 14A provides that in negligence claims (other than claims for personal injury), the
limitation period is extended to the later of:
(a) Six years from when the cause of action accrued;
(b) Three years from when he had the requisite:
i. knowledge; and
ii. right to bring a claim.
But under s.14B this is subject to a long-stop limitation date of 15 years from the date of
the latest negligent act / omission which caused all or part of the damage.
Date of knowledge is defined with s.13 essentially the same as in the personal injury
cases (set out above), but rather than needing to know that 'the injury was significant',
the claimant needs to know 'the material facts about the damage in respect of which
damages are claimed'.
Again, it is knowledge of the facts which permits the limitation period to start running. The
claimant may or may not realise that, given those facts, he/she has a claim in negligence.
This is not relevant to this test.
Dates of knowledge include knowledge which the claimant might reasonably have been
expected to acquire from an expert / facts observable / ascertainable by him.
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2
claim? s 14B Next we will
consider
Judgment claim s 24 the regime
for
Tort claim s2 limitation in
relation to
Contractual judgments
s5
claim?
Judgments (s 24)
An action to enforce a judgment cannot be brought after six years from when the
judgment became enforceable, nor can interest be recovered after that period.
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2 Finally, we
claim? s 14B will
consider
Judgment claim s 24 any tort /
contract
Tort claim s2 claims
outside
Contractual categories
s5 already
claim?
considered
General rules (ss 2 and 5)
The general rule is that, for an action in tort, the limitation period expires six years after
the date on which the cause of the action accrued (s 2).
Likewise, for an action in contract, the limitation period expires six years after the date on
which the cause of action accrued (s 5).
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2
claim? s 14B
Limitation
Judgment claim s 24 periods can
be
Tort claim s2 extended in
cases of
Contractual disability
s5
claim?
Disability (s 28)
If the claimant is under a disability at the time that the cause of action accrued, the
limitation period starts to run from when the disability ends, and is:
(a) 2 years in relation to contribution claims;
(b) 3 years in relation to claims under s 11 or s 12 (personal injury claims and fatal
accidents respectively); and
(c) 6 years in most other cases.
A person is under a disability whilst he is a minor (under the age of 18) or lacks mental
capacity to conduct the proceedings (within the meaning of the Mental Capacity Act
2005) (s 38).
Claim under the
Fatal Accidents s 12
Act 1976? Date of
knowledge Extension?
– s 14 s 33
Other personal
s 11
injury claim?

Claim for
s 10
contribution? Extension Fraud,
due to concealment,
Latent damages s 14A disability? mistake?
for negligence s2
claim? s 14B Limitation
periods can
Judgment claim s 24 also be
extended in
Tort claim s2 cases of
fraud or
Contractual mistake.
s5
claim?
Fraud / concealment / mistake (s 32)
Where a claim is:
(a) based on fraud, or;
(b) any fact relevant to the cause of action has been deliberately concealed by the
defendant; or
(c) the action is for relief from the consequences of a mistake; then
limitation does not start to run until the claimant discovered the fraud, concealment or
mistake (or could with reasonable diligence have discovered it).

claimant discovered fraud limatationstarts V

Summary
• Limitation periods are extremely important: if a claim is not commenced within the
limitation period, the defendant will have a full defence.
• There are special rules for personal injury claims, fatal accidents claims, claims for
negligence involving latent damages, and judgment claims.
• In relation to other claims for breach of contract or tort, the limitation period is 6 years
from when the cause of action accrued.
• The court has a power to extend time in relation to personal injury claims and fatal
accidents claims.
• Time will also be automatically extended where the claimant is 'under a disability'
(meaning lacking capacity to conduct the proceedings or being under the age of 18) at
the time the cause of action accrued. Limitation starts to run from when the disability
ends and the limitation periods are modified slightly.
• Time is also extended in cases of fraud, concealment or mistake.