Limitation Periods & Pre-Action Protocol

Question 1

What is the limitation period for a breach of contract?

Answer 1

6 years from when the cause of action accrued.

S 5 Limitation Act 1980

Question 2

What is the limitation period for a breach of contract made under deed?

Answer 2

12 years from when the cause of action accrued.

S 8 Limitation Act 1980

Question 3

What is the limitation period for personal injury claims?

Answer 3

3 years from when the cause accrued or date of knowledge.

S 11 Limitation Act 1980

Question 4

What is the limitation period for tort claims regarding loss or damage?

Answer 4

6 years from when loss/damage suffered, with a 15-year maximum limit if damage not discovered within 3 years of claimant’s date of knowledge.

S 2 Limitation Act 1980

Question 5

What is the purpose of the Practice Direction - Pre-Action Conduct and Proposals (PDPAC)?

Answer 5

PDPAC applies to all claims where there is no other specific pre-action protocol.

Question 6

What are the expectations of the court before commencing proceedings?

Answer 6

Parties are expected to exchange sufficient information to understand each other’s position, make decisions about processing, try to settle issues, consider ADR, support efficient management, and reduce costs.

Question 7

What happens if parties fail to comply with pre-action protocols?

Answer 7

Sanctions may be imposed by the court, such as suspending proceedings until necessary steps are taken or ordering the party at fault to pay costs.

Question 8

What are the exceptions to complying with PDPAC?

Answer 8

No need to comply if informing the other party would defeat the purpose, urgency makes it impracticable, or if following a statutory or other formal pre-action procedure.