Procedure and alternatives - Limitation periods and jurisdic...

Learning Outcomes

This article sets out limitation periods and jurisdiction in civil litigation, including:

• The purpose and effect of limitation, and identifying correct time limits for common causes of action and when time begins to run
• Exceptions and postponements (disability, fraud, deliberate concealment, mistake) and the limited circumstances in which courts may disapply or reset time bars
• The procedural interplay with limitation when issuing, serving and amending claims, including adding or substituting parties after expiry
• How domestic and cross-border jurisdiction is determined, service out via CPR gateways, and forum non conveniens challenges
• The role of exclusive jurisdiction clauses and arbitration agreements, and their impact on forum selection, anti-suit relief and enforcement (including Hague 2005)
• The interaction between forum choice, applicable law (Rome I/II) and foreign limitation rules under the Foreign Limitation Periods Act 1984
• Practical decision-making on whether to litigate or pursue ADR, using standstill agreements, protective issue and stays, and risk-management to avoid fatal time and forum errors

SQE2 Syllabus

For SQE2, you are required to understand limitation periods and jurisdiction in civil litigation, including how time bars, service out of the jurisdiction, and forum selection operate, with a focus on the following syllabus points:

• the main limitation periods for typical civil actions (contract, tort, personal injury, defamation, product liability, contribution, land and trust claims)
• when time starts to run; disability, fraud/concealment/mistake; acknowledgments and part payments; longstop periods
• the principle and consequences of a claim being statute barred, and the limited discretion to disapply time (especially s.33 Limitation Act 1980)
• amendments to claims and addition/substitution of parties after expiry (s.35 Limitation Act 1980; CPR 17 and 19)
• domestic and international jurisdiction, including service out, forum non conveniens, and exclusive choice of court agreements (Hague 2005)
• the interaction between jurisdiction, applicable law (Rome I/Rome II as retained UK law) and foreign limitation (Foreign Limitation Periods Act 1984)
• ADR options and their relationship with limitation (standstill agreements, protective issue and stays)
• application of these concepts in real-world scenarios, including practical time-management and risk controls

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. For a simple breach of contract claim in England and Wales, what is the usual limitation period?
   1. 3 years
   2. 6 years
   3. 12 years
   4. No limitation

2. Which court will typically have jurisdiction in a claim for a road traffic accident that occurred in France, where both parties are domiciled in England?

3. True or false? A claim that is brought after the limitation period has expired can proceed if the defendant does not raise limitation as a defence.

4. Name two alternative dispute resolution (ADR) methods other than litigation.

Introduction

When a dispute arises, you must determine both how (and where) it can be resolved and whether a claim is still legally possible. This article explains the rules on limitation periods—fixed time limits within which a claim must be made—and the principles by which courts decide whether they have jurisdiction to hear a case. These rules ensure finality, legal certainty and fair procedure, and are tested frequently in practice. For SQE2, you must be ready to identify limitation issues, advise on the correct forum, and be able to discuss ADR alternatives.

Key Term: limitation period
The maximum time, prescribed by statute, within which a legal claim must be issued, starting from a specified date (usually when damage is suffered or an action accrues).

If the claimant fails to bring a claim within the limitation period, the defendant may raise the defence of limitation. If successful, the court will strike out the claim.

Key Term: statute barred
A claim that can no longer be pursued in court because the relevant limitation period has expired, and limitation has been asserted as a defence.

Limitation Periods: The Time Bar on Claims

Civil claims must usually be started within a prescribed time or they are "statute barred." The Limitation Act 1980 sets the primary rules. These rules are strictly applied, save for limited statutory discretions. As a matter of case management and client care, limitation should be checked and diarised at the very outset.

Key Civil Limitation Periods

• Contract claims (simple contracts): 6 years from the date of breach (s.5 Limitation Act 1980).
• Tort claims (other than personal injury): 6 years from the date damage is suffered (s.2).
• Personal injury (PI): 3 years from the date of injury or the claimant’s date of knowledge (ss.11 and 14).
• Fatal Accidents Act claims: 3 years from the date of death or date of knowledge of the person for whose benefit the action is brought (s.12), with s.33 discretion potentially available.
• Actions on a deed: 12 years from breach (s.8).
• Defamation and malicious falsehood: 1 year from accrual, with discretion to disapply (s.4A and s.32A).
• Product liability under Consumer Protection Act 1987: 3 years from date of damage or date of knowledge of damage, defect and identity of producer; 10-year longstop from when the product was put into circulation (CPA 1987, s.11A–s.11B Limitation Act).
• Contribution claims (Civil Liability (Contribution) Act 1978): 2 years from the date of judgment, settlement or other relevant date (s.10 Limitation Act).
• Recovery of land: 12 years (s.15); actions to recover rent: 6 years (s.19).
• Mortgage principal: 12 years; interest: 6 years (s.20).
• Trust claims: generally 6 years for breach of trust, but no limitation period for fraudulent breach of trust or where trust property remains in the trustee’s possession or has been converted by the trustee (s.21).
• Enforcement of judgments: no action may be brought upon a judgment after 6 years (s.24); certain enforcement steps require permission if over 6 years since judgment (CPR 83.2).
• Human Rights Act 1998 claims: 1 year, with discretion to extend (HRA 1998, s.7(5)).

These are the headline periods. Always confirm any special regime (statute-specific claims) and whether a longstop applies.

Key Term: longstop period
An absolute backstop after which a claim cannot be brought, regardless of the claimant’s knowledge (e.g., 15 years for latent damage in negligence; 10 years for product liability).

When Does Time Start to Run?

The limitation clock usually starts on the date the cause of action "accrues"—that is, when all elements of the claim exist.

• Contract: accrual is on breach, not discovery of loss. In warranty or indemnity disputes, read the clause to determine when the promise is broken.
• Tort (non-PI): accrual is when damage first occurs (even if undiscovered). For latent damage in negligence (other than PI), special provisions apply (s.14A: three years from date of knowledge, with a 15-year longstop under s.14B).
• Personal injury: three years from date of injury or date of knowledge (ss.11, 14). Knowledge covers awareness of injury, that it is significant, and that it is attributable to the act or omission alleged; not knowledge of the legal duty owed.

Key Term: date of knowledge
The date when the claimant first knew, or could reasonably with diligence have known, the material facts needed to bring a claim (e.g., existence, significance and attributability of injury in PI; or damage and attribution in latent damage).

In fatal cases, time runs from death or later date of knowledge of the relevant dependent or personal representative.

In deceit/fraud, or where facts are deliberately concealed, accrual may be postponed (s.32), running from discovery of the fraud/concealment or the date it could, with reasonable diligence, have been discovered. For mistakes, time is postponed until discovery of the mistake or when it could reasonably have been discovered (s.32(1)(c)).

Can Limitation Periods Be Extended?

Some claims are subject to “extensions” or postponements, and in limited categories a court has discretion to disapply limitation.

• Disability: for claimants under 18 or lacking capacity within the meaning of the Mental Capacity Act 2005, time does not run until the disability ceases (s.28). For a child in PI, time begins on their 18th birthday, expiring at 21 unless extended by discretion.
• Fraud, deliberate concealment, mistake: postponement applies (s.32). Deliberate concealment includes the deliberate commission of a breach of duty where it is unlikely to be discovered for some time (s.32(2)).
• Discretion to disapply: powerful but exceptional in PI and Fatal Accidents Act claims (s.33). The court must balance prejudice and consider all circumstances, including reasons for delay, cogency of evidence, conduct of the parties, duration of disability, and steps taken to obtain advice. Outside these categories, discretion to disapply is very limited (e.g., defamation and malicious falsehood under s.32A).
• Acknowledgment and part payment: for debts and certain claims, a written acknowledgment signed by the debtor or a part payment resets the clock from that date (ss.29–30).

Key Term: discretionary disapplication (s.33)
The court’s power in PI and fatal accident cases to allow a claim to proceed outside the primary period if it is equitable to do so, having regard to specified factors.

Effect of Missing a Limitation Period

Once a claim is statute barred, the court must dismiss the claim if the defendant relies on limitation as a defence. Limitation is not jurisdictional; it is a defence that must be pleaded. A late claim can technically proceed if limitation is not pleaded and the court does not require an amendment raising it. Practically, defendants almost always plead it.

Procedural choices interact with limitation. Issuing a claim form within the limitation period stops time, but you must validly serve within the time limit for service (generally 4 months in England and Wales or 6 months if serving out, CPR 7.5). If service is not effected in time, the claim may be struck out; you cannot simply reissue after limitation has expired. Applications to extend time for service after the period has expired face a stringent test (CPR 7.6(3)) and are hard to win.

Amendments after expiry are tightly controlled. Adding a new claim may be permitted if it arises out of the same or substantially the same facts already in issue (s.35 LA 1980 and CPR 17.4). Substituting or adding parties after expiry is only allowed if strictly within CPR 19.5 (e.g., correcting a genuine mistake as to name or identity) and if the claim against the new party arises out of the same facts.

Key Term: standstill agreement
A written agreement, often used pre-action, under which the defendant agrees not to plead limitation (or which suspends time) for a defined period. This is a contractual promise, not a statutory extension; draft with care.

Worked Example 1.1

Mary suffered a back injury at work in May 2019, but did not connect her pain to the accident until diagnosis in July 2022. She starts a claim in January 2023. Is her PI claim within the time limit?

Answer:
The usual PI time limit is 3 years from the date of injury or date of knowledge. Her claim is issued within 3 years of the July 2022 diagnosis, so is within time.

Exam Warning

Limitation is rarely extended by the court's discretion, except for personal injury claims under s.33 Limitation Act 1980. In most other cases, if the limitation period has lapsed and properly pleaded, the claim cannot continue. Ensure you check the precise time bar for the relevant type of claim in any problem scenario. Diarise the longstop for latent damage (15 years) and the product liability longstop (10 years) as these can defeat claims regardless of knowledge.

Additional Special Regimes and Pitfalls

• Latent property damage: for negligence causing property damage discovered later, s.14A gives an alternative 3-year period from date of knowledge plus a 15-year longstop from the negligent act/omission. Knowledge requires awareness of material damage and attribution, not expert knowledge.
• Defamation/malicious falsehood: the 1-year period is short; s.32A allows discretion to disapply where equitable (considering reasons for delay, extent of publication, prejudice).
• Contribution claims: the 2-year clock often runs from the date of settlement or judgment in the original claim—diarise this promptly.
• Trust claims: check s.21 exceptions where time does not run, particularly in trustee fraud or continuing possession cases.
• Enforcement: while there is a 6-year bar on “bringing an action upon a judgment,” enforcement by writ or warrant may continue with permission; interest is limited to 6 years’ arrears (s.24).

Key Term: cause of action
The legal grounds (facts and law together) giving rise to a claim which, once complete, allow a claimant to sue.

Key Term: longstop period
An ultimate cut-off barring claims after a fixed time regardless of the claimant’s knowledge (e.g., 15 years for latent damage; 10 years for products).

Cross-Border Limitation: Applicable Law and Foreign Time Bars

In cross-border cases, applicable law is determined by Rome I (contracts) and Rome II (non-contractual obligations), which continue in UK law as retained EU law. Limitation is typically treated as a matter of procedure in English law, but the Foreign Limitation Periods Act 1984 provides that where foreign substantive law applies to the claim, the foreign limitation rules apply too (and are treated as substantive). Thus, selecting an English forum does not avoid a shorter foreign limitation period if foreign law governs the claim under Rome I/II.

Key Term: Foreign Limitation Periods Act 1984
Statute requiring English courts to apply the foreign law of limitation where foreign substantive law governs the claim (subject to a narrow public policy exception).

ADR and Limitation

Pre-action protocols and ADR do not suspend limitation. Parties commonly use standstill agreements to preserve positions while negotiating or mediating. Alternatively, issue a protective claim within time and seek a stay for ADR (e.g., under CPR 26.4). In arbitration, limitation rules apply as they would to court proceedings (Arbitration Act 1996, s.13), and arbitral proceedings “commence” for limitation when a party takes the requisite step under s.14 or the agreed procedure.

Key Term: alternative dispute resolution (ADR)
Methods for resolving disputes without going to court, including negotiation, mediation, arbitration and conciliation.

Worked Example 1.2

Olaf and Pierre, both living in England, are involved in a car accident while on holiday in France. Where can a claim for personal injury be brought and what limitation period applies?

Answer:
As both parties are domiciled in England, but the accident occurred in France, English courts may accept jurisdiction depending on the service rules and any applicable jurisdiction regime (see the post-Brexit position below). However, Rome II likely points to French law as the applicable law of the tort. Under the Foreign Limitation Periods Act 1984 the French limitation period would then apply in an English court. You must analyse both forum and applicable law before advising.

Worked Example 1.3

A supplier wishes to sue a customer based in Scotland for unpaid invoices, but the contract is silent on governing law and jurisdiction. Where should proceedings be issued?

Answer:
Intra-UK jurisdiction is governed by the Civil Jurisdiction and Judgments Act 1982 (domestic rules). Proceedings are generally brought where the defendant is domiciled or where the contractual obligation was to be performed. If the customer is domiciled in Scotland, the Scottish court will normally have jurisdiction. If payment was due in England, there may be a basis to sue in England. Establish the proper forum under the 1982 Act before issuing.

Worked Example 1.4

A brickwork defect from negligent design in 2009 causes cracking first noticed in 2021. The homeowner obtains a report in 2022 attributing the damage to the 2009 design. Proceedings in negligence (property damage, not PI) are issued in 2024. In time?

Answer:
s.14A provides an alternative 3-year period from date of knowledge (arguably 2022), subject to a 15-year longstop from the negligent act/omission (2009 + 15 = 2024). If issued before the 15-year expiry, the claim can proceed, but any delay past the longstop would be fatal regardless of knowledge.

Worked Example 1.5

A local newspaper publishes a defamatory article on 1 February 2024. The claimant issues on 20 March 2025, explaining they were unaware of the 1-year period. Can the court allow the claim?

Answer:
Defamation has a 1-year limitation period. The court has a discretion under s.32A to disapply if equitable. Lack of awareness alone rarely suffices; the court will consider reasons for delay, extent of prejudice, and whether evidence remains cogent. A short delay with good reasons and limited prejudice may be excused, but this is exceptional.

The Principle of Finality

Limitation periods serve a practical purpose: they prevent stale claims, protect defendants from indefinite threat of legal action, and support accurate evidence. Sound practice is to identify limitation immediately, diarise primary and any longstop dates, and build them into your action plan. If ADR is contemplated, secure a standstill or issue protectively and seek a stay.

Key Term: jurisdiction
The legal authority of a court or tribunal to hear and decide a particular case, usually based on location, subject matter, or parties.

Key Term: forum
The particular court or tribunal in which a dispute is to be heard and resolved.

Jurisdiction: Where Should a Claim Be Brought?

The "jurisdiction" of a court determines whether it can hear a case, especially in disputes with international or cross-border elements. Jurisdiction may be determined by agreement or by statutory rules. The analysis typically covers: does the English court have jurisdiction; is England the proper forum; will any judgment be enforceable; what law applies; and are there strategic ADR routes.

Key Term: forum non conveniens
A doctrine allowing a court, in exceptional circumstances, to decline jurisdiction if another forum is clearly more appropriate for the dispute.

Domestic Jurisdiction Rules (England & Wales)

Within England and Wales, most civil claims can be started in the County Court or High Court. Selection depends on complexity, value, and subject matter:

• County Court hears most money and PI claims; High Court is appropriate for higher-value or complex matters and for specialist lists (e.g., Commercial Court, Technology and Construction Court, Admiralty, Business and Property Courts).
• Some matters have specialist jurisdictional routes (e.g., judicial review in the Administrative Court; intellectual property claims in IPEC).
• Intra-UK jurisdiction (between England & Wales, Scotland, Northern Ireland) follows the Civil Jurisdiction and Judgments Act 1982, broadly mirroring prior EU rules domestically. The general rule is to sue where the defendant is domiciled, with special rules for contracts (place of performance) and torts (place of harmful event).

Procedurally, a defendant must challenge the court’s jurisdiction promptly under CPR 11 (by filing an acknowledgment of service indicating an intention to contest jurisdiction and then making the application within the time allowed). Taking a step in the proceedings without such a challenge risks submission to the jurisdiction.

Cross-Border Jurisdiction (Post‑Brexit EU and Non‑EU Cases)

Post‑Brexit, the Brussels I Recast and Lugano regimes largely no longer apply to new cases. The principal sources now are:

• Common law jurisdiction rules (service out of the jurisdiction with permission, gateways in PD 6B, serious issue to be tried, and forum conveniens).
• The Hague Convention on Choice of Court Agreements 2005 (Hague 2005), to which the UK is a party in its own right. It applies to exclusive jurisdiction agreements concluded after its entry into force for the UK. Where it applies, the chosen court must generally hear the case and other courts should decline jurisdiction; it also facilitates recognition and enforcement of resulting judgments in other contracting states.
• Other bilateral or multilateral instruments in specific contexts (e.g., New York Convention for arbitration awards), and the domestic law of the state where enforcement is sought.

Key common law features:

• Service out: permission is required unless a rule provides otherwise (CPR 6.36 and r.6.33). The claimant must show (i) a serious issue to be tried on the merits; (ii) a good arguable case that the claim falls within a PD 6B gateway (e.g., contract made in England; breach in England; tort committed here or damage sustained here; necessary or proper party anchored to a defendant served within jurisdiction); and (iii) that England and Wales is the proper place (the most appropriate forum) for the trial of the action (Spiliada test).
• Challenging jurisdiction: even if served within the jurisdiction, a defendant may seek a stay on forum non conveniens grounds (rare for English domiciled defendants, but possible in exceptional cases) or rely on a foreign exclusive jurisdiction clause.
• Anti-suit injunctions: available at common law to restrain foreign proceedings brought in breach of an English jurisdiction or arbitration agreement, subject to comity considerations. This remedy, previously constrained by EU law, is now more readily available as regards EU proceedings (but remains discretionary).

Key Term: service out of the jurisdiction
The process of serving the claim form on a defendant outside England and Wales. Usually requires permission and proof that a PD 6B gateway applies and England is the proper forum.

Key Term: exclusive choice of court agreement
A clause naming a single court (or courts of one state) to determine disputes, to the exclusion of others. Under Hague 2005, such clauses are generally respected and supported by recognition/enforcement provisions.

Key Term: permission to serve out
The court’s permission required to serve proceedings outside the jurisdiction (unless a rule dispenses with permission), granted where gateway, merits and forum tests are met.

Choosing the Forum: "Forum Shopping"

Parties sometimes have a choice of jurisdictions or courts. Factors influencing forum selection include:

• Procedural advantages (disclosure, interim relief, specialist lists), cost, speed and convenience.
• Applicable law (Rome I/II may point to law with more/less favourable remedies).
• Enforcement prospects (availability of asset location and mechanisms for recognition and enforcement in target jurisdictions; Hague 2005 can be decisive if an exclusive choice of court clause exists).
• Limitation implications: different forums may apply different limitation regimes (Foreign Limitation Periods Act 1984 can import a shorter or longer foreign time bar when foreign law applies).

Arbitration clauses displace court jurisdiction for the merits of the dispute. The seat of arbitration confers supervisory jurisdiction on the courts of that seat (Arbitration Act 1996), and awards are widely enforceable under the New York Convention.

Commencing Proceedings: The Interplay with Limitation

The choice of court, especially where multiple jurisdictions are possible, can have important consequences for limitation—for example, the relevant country's period may be shorter or longer, and longstop periods may differ. Before choosing a forum, check the applicable law under Rome I/II and apply the Foreign Limitation Periods Act 1984. Practically:

• If limitation is approaching, consider a protective issue in the most likely forum and either serve swiftly or, if appropriate, secure a stay for ADR.
• If service out is required, remember that issuing stops time only if followed by valid service within the 6‑month period for service out (CPR 7.5 and 7.6). Build in time to obtain translations, locate the defendant, and comply with any foreign service requirements (e.g., Hague Service Convention).

ADR: Alternatives to Litigation

Before starting court proceedings, parties should usually consider alternative dispute resolution (ADR) mechanisms, such as mediation, arbitration or conciliation. Choosing ADR can influence the limitation period. Pre‑action protocols do not stop time running. Use a standstill agreement to preserve rights while negotiating, or issue and seek a stay. Courts can impose cost sanctions for unreasonable refusal to engage in ADR.

Key Term: alternative dispute resolution (ADR)
Methods for resolving disputes without going to court, including negotiation, mediation, arbitration and conciliation.

Worked Example 1.6

A claim form is issued one day before the 6‑year contract limitation expires. The defendant is in Canada. The claimant applies for permission to serve out and serves 7 months after issue. The defendant seeks strike‑out on the basis that service was out of time. What is the position?

Answer:
Issuing within time stops limitation, but the claim form must be served within 6 months where service is to be effected out of the jurisdiction (CPR 7.5(2)). An extension after expiry of the 6‑month period requires satisfying CPR 7.6(3), which is a stringent “all reasonable steps” test. If no timely extension was obtained and service occurred at 7 months, the claim is vulnerable to strike‑out. Protective issue near the deadline demands meticulous planning for service out or securing an extension in time.

Worked Example 1.7

A technology services contract contains an exclusive jurisdiction clause in favour of the English courts. The counterparty sues in another state court. What remedies are available in England?

Answer:
If Hague 2005 applies (exclusive clause; scope and timing satisfied), the non‑chosen court should decline jurisdiction and any English judgment should be recognised in other Hague states. In England, the claimant may also seek an anti‑suit injunction restraining the foreign proceedings as a breach of the jurisdiction agreement (subject to comity and equitable discretion). The English court will ordinarily give effect to the clause unless strong reasons exist to depart from it.

Revision Tip

When advising a client from the outset, always check both the limitation period and correct forum—and warn that bringing a claim in the wrong court, or after expiry of the time limit, is likely fatal. Use an action plan to diarise primary and longstop dates, service deadlines (4 or 6 months), and time needed for any permission to serve out.

Key Point Checklist

This article has covered the following key knowledge points:

• A limitation period is the statutory time limit for bringing a legal claim; missing it is usually fatal if the defence is pleaded.
• Typical limitation periods: contract (6 years), tort (6 years), personal injury (3 years), defamation (1 year), actions on a deed (12 years), contribution (2 years), product liability (3 years with a 10‑year longstop), recovery of land (12 years).
• Time usually runs from accrual—breach in contract, first damage in tort—subject to date of knowledge rules (PI and latent damage) and longstops.
• Disability, fraud, deliberate concealment and mistake can postpone time; PI and fatal accident claims may be saved by the court’s s.33 discretion.
• Acknowledgments and part payments can reset time on certain claims; amendments after expiry are limited (s.35 LA 1980; CPR 17/19 tests).
• Issuing in time is not enough—serve within CPR deadlines or secure an extension; service out demands gateways, permission and forum analysis.
• Cross‑border claims require analysis of jurisdiction (common law, Hague 2005), applicable law (Rome I/II), and foreign limitation (Foreign Limitation Periods Act 1984).
• The English court can decline jurisdiction if another forum is clearly more appropriate (forum non conveniens) and may restrain foreign suits breaching jurisdiction or arbitration clauses.
• ADR is a key alternative and may be combined with standstill agreements or protective issue and a stay; refusal to mediate can have costs consequences.
• Practical risk management: identify and diarise limitation and service deadlines at the outset; align forum and enforcement strategy with the client’s objectives.

Key Terms and Concepts

• limitation period
• statute barred
• date of knowledge
• cause of action
• jurisdiction
• forum
• forum non conveniens
• alternative dispute resolution (ADR)
• longstop period
• standstill agreement
• service out of the jurisdiction
• exclusive choice of court agreement
• permission to serve out
• Foreign Limitation Periods Act 1984
• discretionary disapplication (s.33)