Question 1

When does the clock start running?

Accepted Answer

From the date the cause of action accrued — the moment all the elements needed to bring a claim came together. For contract: the date of the breach. For personal injury: the injury date or later date of knowledge, subject to specialist rules. For negligence: the date the negligent act caused you harm.

Question 2

Can the deadline be extended?

Accepted Answer

Rarely. Section 32 of the Limitation Act 1980 extends time for fraud or deliberate concealment — the clock starts from when you reasonably could have discovered it. Section 14A extends time for latent damage in negligence — three years from when you knew or should have known. Both are narrow exceptions.

Question 3

What happens if I miss the deadline?

Accepted Answer

The defendant can raise a limitation defence. If they prove the claim is out of time, the court must dismiss it — even if you would otherwise have won. Don't rely on the defendant forgetting to plead it.

Question 4

Does sending a Letter Before Action stop the clock?

Accepted Answer

No. Only issuing a court claim stops time running. Sending the letter is a Pre-Action Protocol step, not a limitation event. If your deadline is close, file the claim first and send an equivalent letter through the court.

Question 5

Can I add a defendant after the deadline?

Accepted Answer

Generally no — adding a new defendant after limitation has expired against them requires special grounds under CPR 19.5. Easier to issue against everyone you might want to claim against from the start.

Question 6

What about claims under deeds (12-year limit)?

Accepted Answer

Contracts executed as deeds (signed, witnessed, delivered) get 12 years. Most consumer transactions are simple contracts (6 years). Mortgages, guarantees, and many property transactions are deeds.

Are you still in time to bring a claim?

Check your limitation period

Limitation periods at a glance