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/ Limitation – How Long Do You Have To Take Action?

Limitation - How Long Do You Have To Take Action?

In the UK (England and Wales) these are the relevant dates for limitation for the listed causes of action:

  • Contract: Six years from the Date of Breach
  • Tort (excluding Personal injury and latent damage): Six years from the date the damage is suffered.
  • Personal injury: Three years from the date the damage occurred or the date of knowledge of the person injured.
  • Negligence (in respect of latent damage): six years/ three years – from the date the damage occurred (six years)/ the date on which the claimant had the requisite knowledge and the right to bring such an action (three years). This is subject to an overriding time limit of 15 years from the date of the negligent act or omission (that is, claims cannot be brought after 15 years from the date on which the damage had been suffered, even if the damage had yet to be discovered). Negligence (in respect of latent damage)
  • Deeds and actions for the recovery of land: 12 years from the accrual of the cause of action
  • Fraud: six years from when the claimant discovers the fraud, or when he could, with reasonable diligence, have discovered it.

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