What is a limitation period?

A limitation period is the time limit within which a legal claim must be brought. Miss it and the claim is generally time-barred — the court will not hear it, however strong the merits.

Why they exist. Evidence deteriorates: documents are destroyed, witnesses forget or die, memories become unreliable. Defendants also have a legitimate interest in not facing claims about events from decades ago indefinitely. The law balances access to justice against finality.

Typical periods in England and Wales, under the Limitation Act 1980:

Contract — six years from the breach. Twelve years if the contract is a deed.

Tort generally — six years from when the damage occurred.

Personal injury — three years from the injury, or from the date of knowledge.

Defamation — just one year, notably short.

Recovery of land — twelve years.

Judicial review — promptly, and in any event within three months.

Employment tribunal claims — usually three months less one day, which is far shorter than people expect and catches many valid claims.

When the clock starts is the crucial and often contested question. It is not always the date of the wrongful act:

The date of knowledge applies in personal injury and latent damage cases — the clock runs from when you knew, or reasonably should have known, that you had suffered significant harm attributable to the defendant. This is why claims for industrial disease or defective building work can be brought long after the exposure or work.

Minors — the clock generally does not start until the person turns 18.

Lack of mental capacity can suspend it.

Deliberate concealment or fraud postpones the start.

Courts have discretion to extend in some categories, notably personal injury, but it is not to be relied on.

Practical advice: take advice early. Limitation is the most avoidable reason a good claim fails.