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Time Limits for Suing Someone
Understanding limitation periods for civil claims
Civil claims · Factsheet 5 of 17
Breach of Contract Claims
- Limitation period: 6 years
- Starts from: Date the contract was broken
- Note: Contracts may specify shorter periods
- Exception: If under 18 or lack mental capacity, time starts when capacity is gained
- Fraud/concealment may extend the period
Personal Injury Claims
- Limitation period: 3 years
- Starts from: Date of injury or discovery
- If injured under 18: Until 21st birthday
- Exception: If lack mental capacity, time starts when capacity is gained
- Court may extend in certain circumstances
Negligence (Non-Personal Injury)
- Limitation period: 6 years
- Starts from: The date the damage happens — not the date of the careless act, which can be earlier
- If you could not have known sooner: 3 years from the date you first knew, or could reasonably have known, enough to bring a claim — if that ends later than the 6 years
- Absolute limit: 15 years from the careless act or omission — the claim is barred after that even if the damage had not yet happened, or you did not yet know about it
- Exception: If under 18 or lack mental capacity, time starts when capacity is gained
- Once started, clock can’t be stopped
Key Considerations
- Courts are very strict about deadlines
- Missing the deadline usually ends your case
- Prepare your claim well before the time limit
- Be aware of pre-action protocols
- Gather evidence early to avoid loss
- Identify correct defendant(s) early
- Consider using online court processes if applicable
Tips for Meeting Deadlines
- Start preparing your claim well before the time limit
- Keep track of time during complaint or mediation processes
- Begin your claim formally well ahead of any deadline
- For close deadlines, consider online services or court appointments
- Allow time for pre-action protocols and evidence gathering
- Be prepared for the court’s timetable once proceedings start
- Starting in good time shows the other side you’re serious
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Disclaimer: This factsheet provides general information only and does not constitute legal advice. Laws may vary and change over time. Consult a qualified legal professional for advice specific to your situation. See the terms of use.