Is my claim out of time or can I still bring a claim? Am I “time-barred”?
In the UK, there are various time limits within which you can bring a claim. These vary across the different areas of law. However, as a starting point to considering bringing any claim, you will need to consider whether you are “out of time” to do so.
The Limitation Act 1980 sets out the general time limits within which you can bring a claim and some of these are summarised below:-
- Simple claim in Contract – 6 years running from the date of breach of contract
- Personal Injury Claims – 3 years from the date of the injury or date of knowledge of the injured person
- Negligence – the general rule is 6 years from the date of the negligent act
- Defamation – 1 year from the date of publication
- Employment claims -time period vary
The general rule is that for most claims, the limitation period is 6 years. This includes claims in respect of monies or debts owed. However this can vary across the different areas of law, and can also vary in different circumstances. For example, in cases of negligence where the negligent act was not apparent or concealed, or the person who suffered the damage was not aware of the negligence, then an extended limitation period can apply.
Limitation is also a defence to a claim, if the claim was brought against you outside of the limitation period.
You will need to take specific advice on the particular circumstance of your case.
Our expert teams can provide you with advice on whether or not your claim is time barred or whether you can still proceed to bring a claim.
Contact Caoimhe Boyce on cboyce@meaby.co.uk to discuss any issues of negligence or contract/debt claims and our employment team can advise you on the relevant time periods applicable to bringing an employment claim to the Tribunal as these vary and are subject to specific rules.
