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Monday, 26 February 2018

Limitation Periods - (the Principle Limitation periods)

Type of claim

Contract—6 years

Speciality—12 years

Sum recoverable by statute—6 years (but sections 2 or 8 are also potentially relevant to statutory claims)


Contribution—2 years

Claims pursuant to Consumer Protection Act 1987 in respect of defective products—three years from cause of action/date of knowledge for personal injury or loss of or damage to property, subject to a long stop of ten years


Recovery of land—12 years

Recovery of arrears of rent—6 years


Recovery of money secured by a mortgage—12 years


Recovery of trust property and breach of trust (non-fraudulent)—6 years


Fraudulent breach of trust—none (but the equitable defences of laches or acquiescence may bar such claims).


An action to enforce a judgment—6 years.

'Action' means a fresh action and not execution of the judgment. Therefore, the enforcement of a judgment (including a winding-up or bankruptcy petition and so is not statue-barred after six years.

Note however that the court’s permission is required to enforce a writ or warrant of execution six or more years after the date of a judgment or order


Tort—6 years (save for the exceptions listed below):
• defamation and malicious falsehood—1 year
• contribution under the –2 years

• personal injury—3 years
• claim under the  Consumer Protection Act 1987 - 3 years

• Fatal Accidents Act claims—3 years

• latent damage—3 years



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