Limitation periods in the United Kingdom

{{Infobox UK legislation

| short_title = Limitation of Prescription Act 1540

| type = Act

| parliament = Parliament of England

| long_title = An Act for Limitation of Prescription.

| year = 1540

| citation = 32 Hen. 8. c. 2

| introduced_commons =

| introduced_lords =

| territorial_extent =

| royal_assent = 24 July 1540

| commencement = 12 April 1540

| expiry_date =

| repeal_date = 16 September 1887

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| replaces =

| amendments =

| repealing_legislation = Statute Law Revision Act 1887

| related_legislation =

| status = Repealed

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| theyworkforyou =

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}}

Limitation was first brought in by Henry VIII, in the {{visible anchor|Limitation of Prescription Act 1540}} (32 Hen. 8. c. 2).

In modern times, the key piece of legislation relating to civil claims in England and Wales is the Limitation Act 1980, which identifies the time limits for various types of cases.

If a lender allows six years to pass without receiving any payment, an action for recovery may become statute-barred.HM Revenue and Customs, [http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm28384.htm IHTM28384 - Law relating to debts: statute-barred debts], HMRC Manual

The general time limit for injury litigation is three years, with multiple exceptions and special cases. The statute of limitations for injuries to children only starts at the age of eighteen. The statute of limitations for brain damage begins only when the victim has been medically acknowledged as regaining cognitive ability. The Montreal Convention (1999) and the Athens Convention (1974) govern the statute of limitations for compensation for injuries sustained on an aeroplane or while at sea, respectively.{{cite web | title = uk Statute of Limitations | url = http://www.injury-compensation-zone.co.uk/uk-statute-of-limitations/ |work=www.injury-compensation-zone.co.uk}}

The limitation period for libel, slander, slander of title, slander of goods, or other malicious falsehood is one year.{{cite act |type=Section |index=4A |date=13 November 1980 |article=I |article-type=Part |legislature=UK Parliament |title=Limitation Act 1980 |url=http://www.legislation.gov.uk/ukpga/1980/58/section/4A |language=en}}

Contracts may provide their own limitation periods as agreed between the parties. In the case of Inframatric Investments v Dean Construction (2012), the prospective claimants were time-barred in seeking litigation against the defendant because a meeting where "without prejudice" negotiations had taken place, intended to resolve the parties' dispute, could not be treated as falling within the period up to practical completion of the contracted works, because they did not form part of the completed "services" from which, according to the contract, the limitation period was to be calculated.Mantle, P., [https://www.no5.com/media/publications/inframatrix-investments-v-dean-construction-2012-ewca-civ-64/ Inframatrix Investments v Dean Construction [2012] EWCA Civ 64], No 5 Chambers, published 24 May 2012, accessed 21 September 2023

{{main|Prescription (Scots law)}}

The principal piece of legislation governing civil limitation periods in Scotland is the Prescription and Limitation (Scotland) Act 1973,{{Cite legislation UK |type=act |year=1973 |chapter=52 |act=Prescription and Limitation (Scotland) Act 1973 |section= |date=25 July 1973 |accessdate=26 November 2023}} with significant amendments in 2018.

The main legislation covering limitation periods in Northern Ireland is the Limitation (Northern Ireland) Order 1989.{{Cite legislation UK |type=si |year=1989 |number=1339 |si=The Limitation (Northern Ireland) Order 1989 |article= |date=2 August 1989 |accessdate=14 January 2024}}

Unlike other European countries, the United Kingdom has no general statute of limitations for crimes triable by jury, known as indictable offences.{{Cite legislation UK |type=act |year=1978 |chapter=30 |act=Interpretation Act 1978 |schedule=1 |date=1978-07-20 |accessdate=2022-06-30 }}, cross-heading Construction of certain expressions relating to offences This includes either-way offences that are tried by jury.

In England and Wales, magistrates' courts hear summary and non-indicted either-way offences — generally, crimes that are punishable by a fine and/or by less than 6 months' imprisonment.

Section 127 of the Magistrates' Courts Act 1980{{cite act |type=Section |index=127 |date=1 August 1980 |article=VII |article-type=Part |legislature=UK Parliament |title=Magistrates' Courts Act 1980 |url=http://www.legislation.gov.uk/ukpga/1980/43/section/127}} states that normally:

{{blockquote|A magistrates' court shall not try an information or hear a complaint unless the information was laid or the complaint made within 6 months from the time when the offence was committed or the matter of complaint arose.}}

This time limit does not apply to either-way offences tried summarily. However, any time limit for such an offence imposed by statute binds the magistrates' court as it would a Crown court.

In Scotland, the time limit for a summary offence (regardless of which court tries it) is six months, unless an enactment sets a different time limit. The clock stops while the accused is deciding whether to accept a fixed penalty notice, compensation offer, or work offer in lieu of prosecution. The limit does not apply to either-way offences even if tried summarily.{{cite legislation UK |type=act |year=1995 |chapter=46 |section=136 |act=Criminal Procedure (Scotland) Act 1995}} For fixed penalties etc., see section 136B.

{{anchor|Notice of Intended Prosecution}}

Section 1 of the Road Traffic Offenders Act 1988{{Cite legislation UK |type=act |year=1988 |chapter=53 |act=Road Traffic Offenders Act 1988 |section=1 |date=1988-11-15 |accessdate=2022-06-30 }} and article 5 of The Road Traffic Offenders (Northern Ireland) Order 1996{{Cite legislation UK |type=si |year=1996 |number=1320 |si=The Road Traffic Offenders (Northern Ireland) Order 1996 |article=5 |date=15 May 1996 |accessdate=24 March 2024}} require a Notice of Intended Prosecution (NIP) to be served within 14 days of applicable offences being committed; if that does not occur, it may follow that any further action may be prevented. However, there are exceptions to the 14-day rule; for example, if an "accident" (i.e., collision) occurs or if the vehicle was not being driven by the registered keeper of the vehicle (as, for example, a company vehicle), the police may make appropriate investigations. The date of the offence is excluded.

The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the notice is served within 14 days. The definition of "served" has changed. Prior to 1994, NIPs were served by registered or recorded post, but in 1994, the Road Traffic Offenders Act 1988 was amended to allow for standard postal delivery. Several successful defences to a NIP have been conducted on the production of the envelope that contained the NIP, in which the postmark on the envelope indicated to a court that the NIP could not have been received (served) within the 14-day limit.

Section 176 of the Representation of the People Act 1983{{Cite legislation UK |type=act |year=1983 |chapter=2 |act=Representation of the People Act 1983 |section=176 |date=1983-02-08 |accessdate=2022-06-30 }} requires that proceedings for any offence under that act, namely personation, fraudulent voting, vote tampering, violating vote secrecy, publishing pre-closure exit polls, etc.,{{cite act |type=Section |index=60 to 66B |date=2 August 1983 |article=I |article-type=Part |legislature=UK Parliament |title=Representation of the People Act 1986 |url=https://www.legislation.gov.uk/ukpga/1983/2/part/I/crossheading/offences}} must begin within one year of the offence being committed.

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Category:English criminal law