Limitation Dates and Deadlines: A Compliance Guide for UK Law Firms

How limitation periods work in English law, what happens when you miss one, and the systems UK law firms should have in place to make sure they never do.

Missing a limitation date is one of the most serious things that can go wrong in a law firm. It is a near-automatic professional negligence claim, it is reportable to the SRA, and it can end a solicitor's career. Unlike most errors in legal practice, a missed limitation date usually cannot be fixed; the claim is extinguished, the client has lost their right to sue, and the solicitor who missed it is on the hook for the value of the lost claim.

This guide covers the limitation periods that matter, how they apply, and the practical systems a firm should have in place to manage them safely.

The main limitation periods

The Limitation Act 1980 sets out the main limitation periods for civil claims in England and Wales. The key periods are:

Contract: 6 years

Breach of contract claims must be brought within 6 years of the breach. For simple contracts, the date runs from the date of the breach. For deeds, the limitation period is 12 years.

Tort: 6 years (personal injury: 3 years)

Most tort claims (negligence, nuisance, trespass) have a 6-year limitation period. The date runs from the date the damage occurred, or the date the claimant first knew or should reasonably have known about it.

Personal injury claims have a shorter period: 3 years from the date of the accident or the date of knowledge of the injury. This is a critical distinction; if you are acting for a personal injury claimant, you have half the time of most other claims.

Personal injury: 3 years

As above, personal injury claims have a 3-year limitation period under section 11 of the Limitation Act. This runs from the date of the accident or the date of knowledge. For professional negligence claims involving personal injury, the limitation period is still 3 years from the date of knowledge.

Land: 12 years (adverse possession)

Claims to recover land are subject to a 12-year limitation period. Adverse possession claims are governed by specific provisions in the Land Registration Act 2002 and the Limitation Act.

Fraud: 6 years from discovery

Where a claim involves fraud, the limitation period runs from the date the fraud was discovered or could reasonably have been discovered. This is known as "concealment" under section 32 of the Limitation Act. The important point is that the clock does not start running until the claimant knows (or should know) about the fraud.

Defamation: 1 year

Defamation claims must be brought within 1 year of publication. This is one of the shortest limitation periods and one of the easiest to miss.

Debt recovery: 6 years

Claims for debt recovery under simple contract have a 6-year limitation period from the date the debt became due.

Arbitration: depends on the seat

Limitation periods for arbitration claims depend on the seat of arbitration and the applicable rules. In England and Wales, the Arbitration Act 1996 applies the same limitation periods as would apply in court proceedings.

Date of knowledge: the hidden problem

For some claims, the limitation period does not run from the date the event happened, but from the date the claimant knew (or should reasonably have known) about it. This applies to:

• Personal injury claims (section 14, Limitation Act)
• Claims involving fraud or concealment (section 32)
• Professional negligence claims (often argued as date of knowledge rather than date of the negligent act)

The date of knowledge test considers:

• Knowledge that the injury/damage was significant
• Knowledge that the injury/damage was attributable to the defendant's act or omission
• Knowledge of the identity of the defendant

The "should reasonably have known" element is critical. A claimant who did not know about the problem but should have (based on information available to them) will be treated as having known. This is a factual question that often requires evidence and can be the subject of litigation in itself.

What happens when you miss a limitation date

Missing a limitation date is catastrophic for the client's claim and for the firm.

For the client: the claim is almost certainly extinguished. The defendant can rely on the limitation defence, and the court will almost always strike out a claim brought out of time. There are limited exceptions (section 33 of the Limitation Act allows the court discretion to allow a personal injury claim out of time in rare circumstances, but this is not something a solicitor should ever plan for).

For the firm: it is a professional negligence claim. The client's claim against their solicitor is for the value of the lost claim; i.e., what the client would have recovered if the claim had been brought in time. The firm's indemnity insurance will respond, but the firm will face:

• A professional negligence claim from the client
• A report to the SRA (it is a notifiable event)
• Potential SRA investigation and disciplinary action
• An increase in PII premium at renewal
• Reputational damage

Systems to prevent missed deadlines

The only acceptable approach to limitation dates is a system that makes missing one impossible (or as close to impossible as human systems can achieve). Here is what that system looks like:

1. Record every limitation date immediately

When a matter is opened, identify any limitation date that applies and record it immediately. Not "at the end of the day." Not "when I get to it." Immediately, as part of the file opening checklist. See our guide to matter management best practices for how to structure file opening.

2. Centralised deadline register

All limitation dates should be recorded in a central, firm-wide register; not in individual fee earner's diaries. The register should show:

• The matter reference
• The client name
• The limitation date
• The date the claim was issued (or "not yet issued")
• The responsible fee earner
• The supervising partner

The register should be reviewed by someone other than the fee earner handling the matter. A second pair of eyes is essential.

3. Multiple reminders

Set reminders at:

• 6 months before the limitation date
• 3 months before
• 1 month before
• 2 weeks before
• 1 week before

Each reminder should go to the fee earner AND their supervisor. The final reminders should be escalatory; if the claim has not been issued by the 1-month mark, the supervisor should be actively involved.

4. Issue proceedings early

Do not wait until the last week to issue proceedings. The court forms process can take time; if the court portal is down, if there is a formatting error in the claim form, or if the court issues are delayed, you can miss the deadline. Issue at least 2-4 weeks before the limitation date to allow for contingencies.

5. Document the limitation analysis

If there is any ambiguity about the limitation date (e.g., a date of knowledge argument), document your analysis. Write down:

• The limitation period that applies
• The date the clock started running
• Your reasoning for the date of knowledge (if applicable)
• The limitation date

This protects the firm if the analysis is later questioned. It also forces you to think clearly about the issue rather than making a mental note that may be wrong.

Special cases

Children and protected parties

For claims involving children or protected parties (those who lack capacity under the Mental Capacity Act 2005), the limitation period does not run until the claimant reaches 18 or regains capacity. For a child injured at birth, the limitation period does not start until their 18th birthday; meaning a claim can be brought up to their 21st birthday.

Fatal accidents

Under the Fatal Accidents Act 1976, dependency claims must be brought within 3 years of the date of death or the date of knowledge of the dependants.

Claims against public bodies

Some claims against public bodies have shorter limitation periods. Claims under the Human Rights Act 1998 must be brought within 1 year. Judicial review claims must be brought promptly and in any event within 3 months.

International claims

If a claim has an international element, the limitation period may be governed by foreign law. This is particularly relevant in cross-border commercial disputes, personal injury claims involving accidents abroad, and claims involving overseas property. Always check the applicable limitation period for the relevant jurisdiction.

Where OrdoLux fits

OrdoLux is a matter-centric practice management platform that keeps key dates visible. Each matter has a key dates section, visible to everyone in the firm who has access to the matter. The matter workspace shows deadlines alongside the documents, correspondence, and billing; so the limitation date is never out of sight.

OrdoLux also includes time recording so the time spent on limitation analysis is captured and billed, document management via SharePoint for storing the limitation analysis, and 350+ HMCTS court forms for issuing proceedings when the deadline is approaching.

See all features or book a demo.

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