Limitation Act 1980
Encyclopedia
The Limitation Act 1980 is a British Act of Parliament
. It is a statute of limitations
which provides timescales within which action may be taken (by issuing a claim form) for breaches of the law. For example it provides that breaches of an ordinary contract
are actionable for six years after the event whereas breaches of a deed
are actionable for twelve years after the event. In most cases, after the expiry of the time periods specified in the Act the remedies
available for breaches are extinguished and no action may be taken in the courts in respect of those breaches.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. It is a statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
which provides timescales within which action may be taken (by issuing a claim form) for breaches of the law. For example it provides that breaches of an ordinary contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
are actionable for six years after the event whereas breaches of a deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
are actionable for twelve years after the event. In most cases, after the expiry of the time periods specified in the Act the remedies
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
available for breaches are extinguished and no action may be taken in the courts in respect of those breaches.
Summary of time limits
The ordinary time limits allowed by the act are set out below. These limits may, in some cases, be extended or altered. Most of the time limits run from the day after the accrual of action, which is "the earliest time at which an action could be brought". If the potential claimant was not at least 18 or did not have a sound mind at the time of the accrual of action, time will not run until he is at least 18 and has sound mind. Where there has been fraud or concealment, or the action is for relief from the consequences of a mistake, time will not run until the fraud, concealment or mistake is discovered or could with reasonable diligence be discovered.Type of claim | General limitation period | |
---|---|---|
Trusts Trust law In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another... |
Fraudulent breach of trust | No limit |
Recovery of trust property and breach of trust | 6 years | |
Land | Recovery of land | 12 years |
Recovery of money secured by a mortgage | 12 years | |
Recovery of arrears of rent and consequential damages | 6 years | |
Contract | Speciality | 12 years |
Simple contract Contract A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific... |
6 years | |
Statute Statute A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations... |
Sum recoverable by virtue of statute | 6 years |
Tort Tort A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general... and personal injury |
Tort: general rule | 6 years |
Personal injury | 3 years | |
Fatal Accidents Act 1976 Fatal Accidents Act 1976 The Fatal Accidents Act 1976 is an Act of Parliament of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others to recover damages.... claims |
3 years | |
Consumer Protection Act 1987 Consumer Protection Act 1987 The Consumer Protection Act 1987 is an Act of the Parliament of the United Kingdom that made important changes to the consumer law of the United Kingdom. Part 1 implemented European Community Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for... claims for personal injury or property damage |
3 years | |
Conversion Conversion (law) Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability... of goods |
6 years from first conversion | |
Claims for personal injury, death or damage against ships or owners | 2 years | |
Defamation and malicious falsehood Malicious falsehood Malicious falsehood or injurious falsehood is a tort. It is a lie that was uttered with malice, that is, the utterer knew it was false or would cause damage or harm.... |
1 year | |
Contribution Contribution Contribute may refer to:*Adobe Contribute Web editing softwareContribution may refer to:*Donation*Sharing*Payment*Contribution : a payment between defendants with joint and several liability to apportion liability.... |
Contribution under the Civil Liability (Contribution) Act 1978 | 2 years |
Contribution under the Maritime Conventions Act 1911 | 1 year | |
Human Rights Act Human Rights Act A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations... claim against a public authority |
1 year |