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Limitation Act 1980

Act of the Parliament of the United Kingdom

Summary

Act of the Parliament of the United Kingdom

Field	Value
short_title	Limitation Act 1980
type	Act
parliament	Parliament of the United Kingdom
long_title	An Act to consolidate the Limitation Acts 1939 to 1980.
year	1980
citation	1980 c. 58
territorial_extent	England and Wales
royal_assent	13 November 1980
commencement	1 May 1981
replaces
status	Amended
original_text	http://www.legislation.gov.uk/ukpga/1980/58/contents/enacted
revised_text	http://www.legislation.gov.uk/ukpga/1980/58/contents
use_new_UK-LEG	yes

|use_new_UK-LEG = yes

The Limitation Act 1980 (c. 58) is an act of the Parliament of the United Kingdom applicable only to England and Wales. 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 eventLimitation Act 1980, s. 5 . whereas breaches of a deed are actionable for twelve years after the event.Limitation Act 1980, s. 8 . 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.

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
Fraudulent breach of trust	url=https://web.archive.org/web/20080407234909/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355418	date=2008-04-07 }}.
Recovery of trust property and breach of trust	url=https://web.archive.org/web/20080407234909/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355418	date=2008-04-07 }}.
Recovery of land	url=https://web.archive.org/web/20080408011130/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355408	date=2008-04-08 }}.
Recovery of money secured by a mortgage	url=https://web.archive.org/web/20080408011140/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355416	date=2008-04-08 }}.
Recovery of arrears of rent and consequential damages	url=https://web.archive.org/web/20080408011135/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355412	date=2008-04-08 }}.
Speciality	12 years
Simple contract	6 years
Sum recoverable by virtue of statute	url=https://web.archive.org/web/20080408011057/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355396	date=2008-04-08 }}.
Tort: general rule	url=https://web.archive.org/web/20080408011036/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355385	date=2008-04-08 }}. If latent damage is discovered, the claimant will have three years from the date at which the claimant is deemed to have known of the damage to make a claim in negligence, up to a maximum of 15 years from the accrual of the cause of action: Limitation Act 1980, ss. 14A and 14B
Personal injury	url=https://web.archive.org/web/20080408011107/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355399	date=2008-04-08 }}. The date of knowledge is where the claimant had knowledge and could reasonably have ascertained (with or without the help of expert advice) such facts so as to have knowledge: (s. 14 )
Fatal Accidents Act 1976 claims	url=https://web.archive.org/web/20080408011112/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355401	date=2008-04-08 }}.
Consumer Protection Act 1987 claims for personal injury or property damage	url=https://web.archive.org/web/20080408011031/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=	date=2008-04-08 }}.
Conversion of goods	6 years from first conversion
Claims for personal injury, death or damage against ships or owners	url=https://web.archive.org/web/20080407234916/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=2359496	date=2008-04-07 }}.
Defamation and malicious falsehood	url=https://web.archive.org/web/20080408011042/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355388	date=2008-04-08 }} unless it would nevertheless be equitable for the action to proceed: s. 32 A .
Contribution under the Civil Liability (Contribution) Act 1978	url=https://web.archive.org/web/20080408011102/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1355397	date=2008-04-08 }}.
Contribution under the Maritime Conventions Act 1911	url=https://web.archive.org/web/20080407234916/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=2359496	date=2008-04-07 }}.
Human Rights Act 1998 claim against a public authority	url=https://web.archive.org/web/20080408011207/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1851015	date=2008-04-08 }}.
His Majesty's Courts and Tribunals Service Magistrates' Court	N/A (No time limit)

Magistrates' court fine non-payment

In September 2016 His Majesty's Courts and Tribunals Service (HMCTS) set up the "Historic Debt Project" to tackle long outstanding unpaid criminal fines and financial orders, from debtors who previously were difficult to trace, with the use of new intelligence and tracing tools. Outstanding debts of 10 years and longer are pursued by a dedicated team in the HMCTS National Compliance and Enforcement Service. Magistrates' Court fines, being a criminal matter, are not subject to the Limitation Act 1980 (neither can they be included in bankruptcy, an individual voluntary arrangement (IVA) or a debt relief order DRO).

Notes

References

''Reeves v. Butcher'' [1891] 2 QB 509.
link. (2008-04-08 .)
link. (2008-04-08 .)

Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

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