UK Statute of Limitations – if you have a legal claim that you wish to bring, there are deadlines by which your action must be started. These are known as limitation periods. It is very important that you do not miss the deadline as this is likely to mean that you will not be able to bring your claim.
The law in this area, known as the statute of limitations, is intended to protect people from claims being made long into the future, when evidence may have been lost and witnesses might not have a good recall of what happened.
It can also prompt those who have a claim to act without undue delay.
What Is The Statute Of Limitations UK?
The Limitation Act 1980 sets out the limitation periods or time limits within which a claim must be started.
Deadlines vary depending on the type of claim involved.
The time usually starts running from the date of the incident or the date on which you realise that you have suffered harm, for example, in a personal injury case.
The primary limitation period
The standard limitation period in which you should commence a personal injury claim is three years from the date of your injury, unless you were not aware at the time that you were injured.
The secondary limitation period
Where the claim involves negligence on the part of the defendant, there is a three year limitation period that runs from the date that you realised that you had suffered harm.
The secondary limitation period does not apply to breach of contract cases, only to claims involving negligence.
Personal injury limitation period
If your claim is for damages following personal injury, your claim should be brought within three years of the later of:
- When the negligence that caused you harm occurred; or
- When you knew that you had suffered harm.
The court does have some discretion to extend the limitation period if it considers this to be fair, but this should not be relied upon.
In personal injury cases involving children, the three year period runs from the date of their 18th birthday.
Time limits in which different types of claims should be brought
The Limitation Act 1980 sets out the limitation periods for several types of claims, while certain specialist claims may have their own limits contained in different legislation.
An expert litigation solicitor will be able to advise you of the time limit if you are considering bringing a claim.
Some limits are as follows:
- Breach of contract: 6 years.
- Personal injury: 3 years.
- Negligence claims: 6 years.
- Breach of trust claims: 6 years.
- Statutory debt: 6 years.
- Tort cases: 6 years.
- Enforcement of arbitration awards: 6 years.
- Recovery of land: 12 years.
- Defamation and malicious falsehood cases: 1 year.
Professional negligence claims
If you have instructed a solicitor to act on your behalf and they have failed to make your claim for you within the statutory time period allowed, you are likely to have a valid claim against them for professional negligence.
We can put you in touch with a solicitor who deals with professional negligence claims against other professionals and who will be able to advise you of the next steps to take. If you have missed the deadline to make a claim, you may still be able to recover compensation from your solicitor’s insurer, as their negligence should not cause you any loss.
Solicitors Near Me Who Deal With Litigation
We have a wide range of solicitors who deal with all types of civil claim and civil litigation, meaning we will be able to recommend an expert to you who has the right level of knowledge and experience for your case.
If you believe you have a claim, you are advised to speak to a solicitor as soon as possible to make sure that you do not miss the statutory deadline.
Do You Need Help Finding Litigation Solicitors Near Me?
If you believe you have a claim against someone, you are advised to seek legal advice as soon as you can. This will enable your litigation solicitor to start gathering evidence while the incident is fresh in everyone’s minds.
Our Solicitors Near Me lawyers have experience across a full range of civil cases, including the following:
- Contract disputes.
- Disputes with neighbours.
- Professional negligence claims.
- Wills and inheritance claims.
- Employment claims such as unfair dismissal or discrimination cases.
- Landlord and tenant disputes.
We can put you in touch with a lawyer with the necessary expertise for your claim.
Solicitors Near Me Service
Our Solicitors Near Me service will match you with a solicitor who has been hand-picked for both their legal expertise and the high level of service that they offer. The service was created by a solicitor who understood from clients how hard they had found it to identify lawyers who offered legal excellence, a strong understanding of the system and outstanding client care.
Our solicitors have been chosen because they can fulfil all three of these requirements. Our service also offers you the chance to be represented by a solicitor in your local area, which can be useful if you wish to visit their offices for meetings, to drop off paperwork or to sign documents.
How Much Does Our Find A Solicitor Near Me Service Cost?
Our service is free. We will put you in touch with a solicitor with the right experience for your case and you can connect with them to see whether they are a good fit for your needs. If you decide to instruct them, you will then be liable for their costs from that point. Our service in matching you with the right lawyer remains free.