0% found this document useful (0 votes)
118 views18 pages

Limitation Periods

This document provides a summary of limitation periods (the time limits for filing legal claims) across multiple jurisdictions. Limitation periods vary by claim type and jurisdiction, ranging from one year for defamation claims in some places to 30 years for certain property claims in Belgium. Generally, limitation periods begin when the cause of action arises or the claimant becomes aware of the facts needed to bring the claim, though some jurisdictions provide extensions if the claimant was under a disability or the defendant concealed relevant facts. The document provides a table comparing limitation periods and triggers across jurisdictions like Australia, Barbados, Belgium, China and others.

Uploaded by

Gucikurai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
118 views18 pages

Limitation Periods

This document provides a summary of limitation periods (the time limits for filing legal claims) across multiple jurisdictions. Limitation periods vary by claim type and jurisdiction, ranging from one year for defamation claims in some places to 30 years for certain property claims in Belgium. Generally, limitation periods begin when the cause of action arises or the claimant becomes aware of the facts needed to bring the claim, though some jurisdictions provide extensions if the claimant was under a disability or the defendant concealed relevant facts. The document provides a table comparing limitation periods and triggers across jurisdictions like Australia, Barbados, Belgium, China and others.

Uploaded by

Gucikurai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

Limitation periods, Practical Law UK Articles 1-518-8770

Limitation periods
by Practical Law

Articles | Published on 01-Apr-2020 | Australia, Barbados, Belgium, Brazil, Cayman Islands, Channel Islands-Guernsey, China,
Colombia, Cyprus, France, Germany, Ghana, Gibraltar, Guatemala, Hong Kong - PRC, India, Indonesia, Ireland, Italy, Japan,
Kazakhstan, Kenya, Luxembourg, Malaysia, Mauritius, Mexico, Myanmar, Nigeria, Northern Ireland, Norway, Romania, Russian
Federation, Scotland, Singapore, South Africa, South Korea, Spain, Sri Lanka, Sweden, Switzerland, The Netherlands, Turkey,
Ukraine, United Arab Emirates, United Kingdom, United States

This table sets out the limitation periods that apply to bring a claim, and the triggering events, in multiple
jurisdictions.

Please note that law stated dates for each jurisdiction may differ. Click on each jurisdiction to see the full answers
and to check the law stated date.

Jurisdiction What limitation periods apply What triggers a limitation period?


to bringing a claim?
Australia Contract: six years. Accrual of cause of action (breach of contract).
Deed: 12 years. Accrual of cause of action (breach of promise in
(individual States may deed).
vary) Tort (general): six years Accrual of cause of action (breach of duty by the
defendant and damage suffered by the plaintiff).
Tort (defamation): one year. Accrual of cause of action (communication of
defamatory material by the defendant and damage
suffered by the plaintiff).
Tort (personal injury): Date on which the injury was discoverable by the
plaintiff (three years), or date on which the injury
three years (discoverability) occurred (12 years).
or 12 years (occurrence),
whichever is earlier.
Action by beneficiary: six years Accrual of cause of action (breach by trustee).
(three years in the Northern
Territory; no specific limitation
in South Australia).
Recovery of land: two years Accrual of cause of action (dispossession from land).
(15 years in Victoria and South
Australia).
Barbados Simple contract claims: six From the date of the cause of action.
years.
Tort: six years. From the date that the cause of action accrued.
Recovery of land: ten years. From the date that the right of action accrued.
Recovery of arrears of rent: six From the date that arrears became due.
years.
Recovery of money secured by From the date that the right to receive the money
mortgage or the proceeds of accrued.
the sale of land: ten years.
Recovery of trust property: six From the date that the right of action accrued.
years.
Defamation: three years. From the date that the right of action accrued.
Belgium 30 years (in some cases ten The limitation period runs from the day the claim
years) for claims regarding the arises.

© 2021 Thomson Reuters. All rights reserved. 1


Limitation periods, Practical Law UK Articles 1-518-8770

recovery or protection of real


property.
Five years for tort claims, and The limitation period runs from the day following the
in any event 20 years and one day on which the claimant is aware of the:
day after the date on which the
fact, action or negligence that • Damage or aggravation of the damage.
caused the damage occurred.
• Identity of the person liable for this damage.

One year for claims against The limitation period runs from the sale of the goods.
consumers relating to
commercial goods, but five
years for claims regarding
essential goods such as gas,
electricity and water.
Ten years for most other The limitation period runs from the day the claim
claims, such as contractual arises, that is, when the obligation becomes due.
claims.
Brazil Limitation periods vary Limitation periods start running from the date that a
according to the subject matter claim becomes actionable.
of the claim, and range from
one to ten years.
Cayman Islands The limitation periods and In most cases, the limitation period commences
trigger points differ for the at the time the claimant acquires the right to bring
different types of claims and the action. However, commencement dates can be
are as follows (Limitation Act deferred in the following circumstances:
(1996 Revision)):
• Where the claimant was under a disability.
• Contract: six years
commencing on the • Where there has been an acknowledgment or
date of the breach of the part payment.
contract.
• Where the claim is based on fraud or mistake.
• Tort (excluding personal
• Where a claimant's right of action has been
injury, libel and slander
deliberately concealed from him by the
where the time limit is
defendant.
reduced to three years):
six years commencing,
in most cases, on the
date of damage (with
provision to extend where
the claimant did not have

• the necessary knowledge


of the material facts of
the damage, up to a
maximum of 15 years).

• Action on any sum


recoverable by virtue of
any legislative provision:
six years from the date on
which the sum was due.

• Contribution claims: two


years from the date that
the action accrued.

© 2021 Thomson Reuters. All rights reserved. 2


Limitation periods, Practical Law UK Articles 1-518-8770

• Claims for the recovery


of land: 12 years
commencing from the
date when the right
accrued (30 years if
the claim is against the
Crown).

• Claims by a beneficiary
against a trustee for fraud,
fraudulent breach of
trust or the recovery of
trust property have no
specified limitations, but
will be subject to the law
of equity, such as laches.

China • General limitation period The limitation period starts running from the moment
for civil claims: three the claimant knew or should have known of the facts
years. giving rise to its claim.

• Claims against the carrier


with regard to the carriage
of goods by sea: one
year.

• International sales of
goods and technology
transfers: four years.

Colombia The general rule in civil and The occurrence of the material facts of the case and
commercial claims is ten years the maturity of the negotiable instrument.
for declaratory actions, and five
years for collection claims. A conciliation request suspends the statute of
limitations.
The following special limitation
periods also apply: A formal requirement from the creditor to the debtor
interrupts the statute of limitations (Article 94, GCP
• Collection claims arising and Article 2539, Civil Code).
from cheques: six months.
Acceptance of the obligation by the obligor or debtor
• Collection claims arising interrupts the limitation period.
from travellers’ cheques:
ten years.

• Collection claims arising


from bonds: four years.

• Collection claims arising


from other negotiable
instruments:

• against the debtor


(three years); or

© 2021 Thomson Reuters. All rights reserved. 3


Limitation periods, Practical Law UK Articles 1-518-8770

• against any of the


endorsees (one
year).

• Claims arising from latent


defects: six months from
the transfer of ownership.

• Claims related to
transport contracts: two
years.

• Claims related to agency


contracts: five years.

• Claims related to
insurance contracts: two
years.

• Claims related to unfair


competition:

• two years from the


date of identification
of the wrongdoer; or

• three years from the


occurrence of the
tortious act.

Cyprus • Claims in respect of a The limitation period is different depending on the


mortgage or pledge: 12 nature of the cause of action, for example:
years.
• Claims brought in respect of a mortgage or
• General torts: six years. pledge: 12 years from the breach of obligation
contained in the mortgage or pledge.
• Damages for negligence,
nuisance or breach of • General torts, for instance assault: six years
duty: three years. from the date the damage occurred or from the
date of knowledge of the injured party.
• Defamation or malicious
falsehood: one year. • Torts that relate to damages for negligence,
nuisance or breach of duty: three years from
• Common contract claims:
the date the damage occurred or from the date
six years.
of knowledge of the injured party.
• Claims brought in relation
• Common contract claims: six years from the
to an independent
breach of contract.
professional: three years.

• Loan agreements: six


years

France • Commercial, contractual • Commercial, contractual, tort and land


and tort disputes: five disputes: day on which the right holder knows,
years. or should have known, that its right has been
violated.

© 2021 Thomson Reuters. All rights reserved. 4


Limitation periods, Practical Law UK Articles 1-518-8770

• Insurance disputes: two • Insurance disputes: day of the occurrence of


years. the damage.

• Land disputes: 30 years.

Germany The general limitation period for Limitation periods generally start running at the
bringing a claim is three years. end of the year in which the claim arises and
the claimant becomes aware, or but for its gross
However, limitation and other negligence should have become aware, of the
preclusion periods can range circumstances giving rise to the claim and the
between a few days and 30 identity of the defendant. In some instances, for
years. For example, rights to a example the filing of the statement of claim, the
plot of land can be subject to a statute of limitation is suspended.
limitation period of ten years.
A limitation period of 30 years
is, among others, stipulated for
certain damage claims as well
as for claims that have been
declared final and absolute.
Ghana • Two years. Recovering a A limitation period is triggered from the date on
penalty or forfeiture. which the cause of action accrued.

• Three years. Damages


for negligence, nuisance
or breach of duty.

• Six years. Tort, simple


contract, quasi-contract,
enforcing a recognisance.

• 12 years. Recovering a
sum due to a registered
company, recovering
tax due and payable
to the Commissioner
of Income Tax, or duty
due and payable to the
controller of Customs and
Excise, actions founded
on recovery of possession
of immovable property
and title to land.

Gibraltar The Limitation Act 1960 sets The following triggers apply:
out the limitation periods for
different types of claims: • Contract claims: breach of contract.

• Contract claims: six years. • Tort claims (except personal injury and latent
damage): damage resulting from the tort.
• Tort claims (except
personal injury and latent • Negligence where the damage is latent:
damage): six years. damage resulting from the negligence or
knowledge of the damage.
• Negligence where the
damage is latent: either • Actions on deeds or in relation to the recovery
six years from the date of land: accrual of the cause of action.
of the damage or three
• Fraud: discovery of the fraud.
years from the date of

© 2021 Thomson Reuters. All rights reserved. 5


Limitation periods, Practical Law UK Articles 1-518-8770

knowledge of the damage


(subject to an overriding
15-year period from the
date of the negligent act
or omission, regardless
of when the damage was
discovered).

• Actions on deeds or in
relation to the recovery of
land: 12 years.

• Fraud: six years.

Guatemala The general statute of limitation The limitation period starts running on the date the
is five years. However, there obligation must be performed by the other party.
are specific cases set out
in Guatemalan legislation
where a different limitation
period applies. For example,
the limitation period is two
years to bring a claim for
lack of payment in a sale of
commercial goods.
Guernsey • Contract: six years. • Contract: from the date of breach.

• Tort: six years. • Tort: from the date the actionable damage
occurred.
• Breach of trust disputes:
three years (no • Breach of trust disputes: the date of knowledge
prescription period will of the breach or delivery of the final trust or
apply if there is fraud to trust accounts to the beneficiary.
which the trustee was
privy, or in claims to • Rights in land: from the date of breach.
recover trust property).

• Rights in land: 20 years.

Hong Kong Contract: six years. Date of breach.


Tort (general): six years. When damage occurs (unless the claim is actionable
per se).
Tort (giving rise to personal Date on which the cause of action accrued or the
injury): three years. date (if later) of the claimant's knowledge.

The period of limitation does not start to run until


the claimant has discovered a fraud, concealment
or mistake (as the case may be) or could with
reasonable diligence have discovered it in:

• Actions based on fraud.

• Actions where any fact relevant to the


claimant's right of action has been deliberately
concealed from the claimant by the defendant.

• Actions for relief from the consequences of


mistake.

© 2021 Thomson Reuters. All rights reserved. 6


Limitation periods, Practical Law UK Articles 1-518-8770

Deed: 12 years. Date of breach.


Action to recover land: 12 years When right arises.
(60 years if commenced by the
government).
Fraudulent breach of trust: no Not applicable.
limitation period.
India Limitation periods are specific The limitation period starts when the cause of action
to the relief claimed and are set arises, that is, when a party becomes entitled to
out in the Limitation Act 1963 or bring a claim.
subject specific legislation.

Most claims under contract


have a limitation period of
three years. Tortious actions
have a limitation period of one
year or three years. Some
land disputes have a limitation
period of 12 or 30 years.

A residuary limitation period


of three years is set for
all disputes not otherwise
specifically covered under any
law.
Indonesia • General civil claims: 30 The limitation period starts running when the claim
years. first arises.

• Claims relating to wages


of teachers and experts in
art of science with regards
to courses lasting not
more than three months:
one year.

• Claims for the payment


of doctors, pharmacists,
attorneys, process
servers, caretakers, and
other teachers: two years.

• Claims for the payment of


materials and wages of
carpenters, bricklayers,
and other foremen: five
years.

• Maritime claims: one, two


or three years (five years
for insurance claims).

Ireland The limitation period is The limitation period starts running from the date the
generally six years for breach breach occurs or the tort is committed.
of contract and claims in tort
(except for personal injury
actions).
Italy In principle, the limitation period The limitation period starts to run from the date on
is ten years. which the relevant right arose or, in tort, when the

© 2021 Thomson Reuters. All rights reserved. 7


Limitation periods, Practical Law UK Articles 1-518-8770

In tort cases, the limitation injured party is in a position to know of the damage
period is five years (unless the and of the author of the damage.
tort is considered a criminal
offence, in which case the
limitation period is the same
as that provided under Italian
criminal law for prosecuting the
crime).

Shorter limitation periods


(varying from one to five
years) apply in specific cases,
including:

• Dealings between
companies.

• Insurance matters.

• Shipping matters.

Japan Contract claims: Ten years. Contract and commercial claims: from when the
obligation is due to the right holder.
Commercial claims: five years.
Tort claims: three years (an Tort and product liability claims: from when the right
absolute statute of limitations of holder discovers that he has suffered damage and
20 years from the tortious act). knows the identity of the person or entity liable for
the damage.
Product liability claims: three
years (or ten years from the
delivery of a defective product).
Ownership of land: no specific Not applicable.
statute of limitation.
Kazakhstan The general limitation period is The day when a claimant became or should have
three years and applies to most become aware of the violation of its rights.
contractual, tort, land and other
commercial claims.

Special limitation periods


apply to certain categories of
disputes.
Kenya • Contractual claims- six For contractual and tortious claims, limitation periods
years. run from the date of cause of action.

• Enforcement of
recognisance- six years.

• Enforcement of awards-
six years.

• Recovery of sums due


under law- six years.

• Claiming equitable relief-


six years.

• Tort – three years except


for actions for libel or

© 2021 Thomson Reuters. All rights reserved. 8


Limitation periods, Practical Law UK Articles 1-518-8770

slander, which must be


brought within 12 months.

• Actions to recover land –


12 years.

• An action based on a
judgment issued by the
courts must be brought
within 12 years from the
date of the judgment.

• Actions to recover arrears


of rent- six years.

• An action to recover any


penalty or forfeiture or
sum by way of penalty or
forfeiture recoverable by
virtue of a written law -
two years.

• Actions relating to arrears


of interest with regard to a
judgment debt- six years
from the date the interest
became due.

Luxembourg For commercial matters, Limitation periods are each triggered by different
the general limitation period events:
amounts to ten years from the
due date of the non-performed • The limitation period runs from the due date of
obligation. the non-performed obligation.

Any obligations arising in the • The limitation period runs from the date on
course of business between which the damage occurred or if the damage
businessmen or between was concealed, from the discovery thereof.
businessmen and non-
• The limitation period runs from the date of the
businessmen are deemed to be
corporate resolution.
commercial obligations.
• The limitation period runs from the date of
Different limitation periods exist the action giving rise to the liability, or if it was
for specific commercial matters fraudulently concealed, from the discovery
and these limitation periods thereof.
are each triggered by different
events. Some key limitation • The limitation period runs from the date of the
periods are as follows: distribution of the dividends.

• For contractual claims,


For land disputes the limitation period runs from the
10 years (for commercial
date on which the damage occurred or if the damage
contracts) or 30 years (for
was concealed, from the date of discovery thereof.
civil contracts).

• For tort claims, 30 years. The action for damages against a producer of a
product is barred within a period of three years, from
• For the annulment of the date on which the victim had or should have
corporate resolutions, six had knowledge of the damage, the defect and the
months. identity of the producer, without prejudice to the

© 2021 Thomson Reuters. All rights reserved. 9


Limitation periods, Practical Law UK Articles 1-518-8770

• Liability actions against provisions of ordinary law regulating the suspension


management, supervisory or interruption of the statute of limitations.
auditors (commissaires)
or liquidators, five years. The longstop period requires that any claims brought
for product liability against a producer are brought
• Actions for the recovery within 10 years from the date that the specific
of dividends improperly product was put into market circulation.
distributed, five years.

For land disputes:

• 10 years if litigation
regarding land arises in
the course of business
between businesspeople
or business and non-
businesspeople.

• 30 years if litigation
arises between non
businesspeople.

• Specific prescription
periods exist for more
specific cases (for
example, for acquisitive
prescription).

• For product liability, a


three-year prescription
period and a 10-year
longstop period.

Mauritius The limitation period varies The nature of the cause of action itself.
depending on the nature of the
claim:

• Action in rem: generally


30 years.

• Action in personam:
generally ten years,
except :

• debt payable on a
yearly basis or on a
lesser period: three
years, provided
certain conditions
are met;

• insurance related
contracts: five years;

• action by a trader
against a non-trader:
two years;

© 2021 Thomson Reuters. All rights reserved. 10


Limitation periods, Practical Law UK Articles 1-518-8770

• chartering
agreements: one
year;

• application to set
aside a statutory
demand: must be
made and served on
the creditor within
14 days of the date
of service of the
demand.

Malaysia • Contract and Tort, 6 Usually a limitation period is triggered when the
years. cause of action first accrued or the date of damage.

• Tort not involving personal However, in cases of tort not involving personal
injury (latent damages in injury, limitation may either run from the date of
buildings), 6 to -15 years. damage or date of discovery of such damage,
whichever is longer. The long-stop limitation period
• Actions for recovery of
to bring such a claim is 15 years.
land, 12 years.

• Enforcement of
judgments, 12 years.

• Acts of public authorities,


36 months.

Mexico • Ten years, as a general Limitation periods are generally triggered by the
rule. occurrence, and claimant's knowledge, of the facts
giving rise to the claim
• Five years for some
specific claims regarding
maritime disputes and
agency fees.

• One year in exceptional


cases.

Myanmar Compensation for breach • When a breach of contract occurs.


of any contract (where the
contract is not in writing or not • Where there are successive breaches, when
registered): three years. the breach in respect of which the suit is
instituted occurs.

• Where the breach is continuing, when that


breach ceases.

Compensation for the breach of • When a breach of contract occurs.


a contract in writing registered:
six years. • Where there are successive breaches, when
the breach in respect of which the suit is
instituted occurs.

© 2021 Thomson Reuters. All rights reserved. 11


Limitation periods, Practical Law UK Articles 1-518-8770

• Where the breach is continuing, when that


breach ceases.

Compensation for any other When the injury is committed.


injury to the person: one year.
The Netherlands Contract. Five years from the day following the day on which
the debt became due and payable.
Tort. Five years from the day following the day on which
the injured person became aware of both the
damages and the identity of the person who was
liable for those damages, and in any event 20 years
from the day of the event that caused the damages.
Nigeria Limitation periods differ across Lagos State: the limitation periods are triggered by
the various states in Nigeria. the accrual of the cause of action.

For example, the following Delta State:


limitation periods apply in
Lagos State: • Actions to recover land: the limitation period is
triggered by the accrual of the cause of action.
• Actions founded on
simple contract: six years. • Actions founded on contract and tort: the
limitation period is triggered by the accrual of
• Actions to enforce an the cause of action.
arbitration award: six
years. • Actions in respect of the personal estate of
a deceased person: the limitation period is
• Actions claiming damages triggered by the accrual of the right to receive
for negligence, nuisance, an interest in the estate.
or breach of duty: three
years.

The following limitation periods


apply in Delta State:

• Actions to recover land:


ten years.

• Actions founded on
contract and tort: five
years.

• Actions in respect of
the personal estate of a
deceased person: ten
years.

Norway • Three years for ordinary Limitation periods run from the date the obligation
claims. fell due, or the debtor defaulted.

• Three years for claims for However, the limitation period runs from the date
damages. the creditor had knowledge of the basis for the claim
and the liable party. If the obligation or debtor was
• Four years for claims
unknown, the claim is time-barred one year from
related to international
when knowledge is acquired, but no later than ten
sales of goods.
years from due date.
• Ten years for claims
under promissory

© 2021 Thomson Reuters. All rights reserved. 12


Limitation periods, Practical Law UK Articles 1-518-8770

notes, legal rulings, and In claims for bank deposits, the limitation period
pensions. runs from the date the bank notified the owner of no
movement on the account.
• 20 years for claims for
bank deposits.

Romania • Most claims, including The limitation periods start to run as follows
contractual claims and (depending on the claim made):
tort: three years.
• From the day the claimant is aware or should
• Land rights that are have been aware of their right.
limited in time and
damage caused to the • From the day the claimant is aware or should
environment: ten years. have been aware of the damage and the
person who is responsible for it.
• Insurance disputes: two
years. • From the day the obligation becomes due and
payable.
• Claims against
professional economic • From the day a court decision of annulment
agents for the services becomes final and binding or a declaration
they provide: one year. of termination becomes irrevocable (for a
claim for restitution of delivery made under an
annulled or inefficient deed).

• From the day each consecutive delivery


becomes due.

Russian Federation Standard limitation: three years The date when a party became aware of a violation
(maximum ten years from the of its rights and the proper defendant.
date of the violation).

Specific limitation periods for


certain types of claims.
Singapore The limitation period for claims Commenced on the date on which the cause of
founded on contract and tort is action accrues.
six years (section 6, Limitation
Act).
South Africa The limitation periods for The limitation periods start to run as soon as
bringing a claim are as follows:
the debt is due, which is when the creditor has
knowledge of the identity of the debtor and of
• 30 years for: the facts from which the debt arises. A creditor is
deemed to have such knowledge if he/she could
• any debt secured by have acquired it by exercising reasonable care
a mortgage bond;

• judgment debts;

• any debt in respect


of taxation imposed
or levied under any
law; and

• any debt owed


to the state in
respect of any
share of the profits,
royalties or any
similar consideration

© 2021 Thomson Reuters. All rights reserved. 13


Limitation periods, Practical Law UK Articles 1-518-8770

payable for the right


to mine minerals or
other substances.

• 15 years in respect of
any debt owed to the
state and arising out of an
advance or loan of money
or a sale of lease of land
by the state to the debtor.

• Six years in respect of


a debt arising from a bill
of exchange or other
negotiable instrument, or
from a notarial contract.

• Three years in respect of


any other debt.

South Korea • General contract claims: Generally, the limitation period is triggered on the
ten years. date when a claim could have been asserted (due
date of each account receivable or, if not decided in
• Commercial claims: five advance, the day the obligation accrued).
years.

Tort claims: three years or ten Ten years from the date of tort, or three years from
years. the date when the injured party became aware
of damages and the identity of the tortfeasor,
whichever is earlier.
Claims for possession or title: n/a.
no statute of limitations.
Spain The general limitation period Those terms run from the time of a cause of
for personal actions is now five action arising until the commencement of court
years (Article 1964, Civil Code). proceedings.

(The general limitation period


was 15 years until the reform of
the

Civil Procedure Act, which


came into force on the 7
October 2015.) There are
further limitation periods of
five years for contractual
obligations (Article 1964, Civil
Code) and one year for non-
contractual obligations (Article
1968, Civil Code).
Sweden The following is a description The limitation period starts as at the accrual of
of Swedish substantive laws. the right in question. If it is interrupted, a new
The general limitation period is limitation period starts running from the date of
10 years, which applies unless interruption. However, the circumstances that trigger
otherwise provided, as follows: the limitation period may vary depending on the
nature of the claim, as follows:

© 2021 Thomson Reuters. All rights reserved. 14


Limitation periods, Practical Law UK Articles 1-518-8770

• Contract: The limitation • Contract: In general, the limitation period is


period may vary triggered at the conclusion of the contract,
depending on the nature though there are exceptions to this general
of the contract and the rule. When it comes to a buyer’s claim
claim in question. Further, regarding faulty goods, the limitation period is
parties in a commercial triggered when the possession of the goods is
relationship are free to passed to the buyer.
agree on the duration
of the limitation period. • Tort: In tort law, the limitation period is
In general, the limitation generally triggered when the action that causes
period is shorter when the damage takes place.
it comes to certain
• Land disputes: In land disputes, the
contracts. For example,
circumstances that trigger the limitation period
the limitation period for a
may vary depending on the nature of the claim.
buyer’s claim regarding
For example, in cases of property fault, the
faulty goods is two years.
limitation period is triggered when the buyer
• Tort: As a rule, the gains access to the property. The limitation
general limitation period period for other claims regarding sale of real
of ten years applies for property may be triggered at the conclusion
claims in tort. However, of the contract. In contrast, when it comes to
shorter limitation periods lease of land and tenancy, the limitation period
apply on claims for strict is triggered when the leaseholder or tenant
liability such as claims leaves the land or apartment.
for damages due to
dangerous activities.

• Land disputes: Different


limitation periods
apply for claims in land
disputes. For example,
the limitation period for
claims regarding property
fault is ten years and the
limitation period regarding
lease of land and tenancy
is two years.

Switzerland Three years for tort claims. Knowledge of damage and person responsible.
Five years for claims by Triggered when claim becomes due.
employees, attorneys,
doctors and for most periodic
payments.
Ten years for all other claims. Triggered when claim becomes due.
Turkey The general limitation period is The limitation period if triggered when the claim
ten years. becomes due. The statute of limitation for tort claims
is triggered when the claimant becomes aware of the
The limitation period for tort tortious act, the damage and the person committing
claims is two years (subject to it.
a maximum of ten years).

The limitation period is five


years for some claims such as:

• Claims relating to lease


payments.

© 2021 Thomson Reuters. All rights reserved. 15


Limitation periods, Practical Law UK Articles 1-518-8770

• Claims relating to interest


on principal.

• Claims arising out


of attorney, agency,
commission and
brokerage agreements
(except commercial
brokerage).

• Claims between
a company or
its shareholders
and its managers,
representatives or
auditors.

• Claims arising out of


works contracts, except
those that arise out of
improper performance
or non-performance due
to the contractor's gross
misconduct.

Ukraine General limitation period: three Finding out about a violation of a right or a person
years. violating such right.
Recovery of penalties/fines: Breach.
one year.
Claims arising from defects of Identification of the defects.
sold goods and supplied goods:
one year and six months,
respectively.
Claims for construction defects Commissioning of the construction works.
causing collapses or other
emergency situations: 30
years.

Claims for defects of


construction works that could
not have been identified
in the course of ordinary
commissioning, or design
deficiencies: ten years.
Claims arising from carriage Defined in transportation codes.
agreements: one year.
Claims for the invalidation Approval of the disputed decision.
of decisions of general
shareholders' meetings: three
months.
United Arab Emirates • 15 years generally. There is no single rule as to what triggers a limitation
period. However, admission of a debt can restart the
• 15 years for contract clock.
disputes.

• Ten years for disputes


that fall under the
Commercial Code (where

© 2021 Thomson Reuters. All rights reserved. 16


Limitation periods, Practical Law UK Articles 1-518-8770

one of the parties to the


dispute is considered
a "trader" under the
Commercial Code).

• Three years for disputes


relating to cheques.

• Three years for insurance


disputes.

• Three years for causing


harm (tort).

• Ten years for building


contracts (defects).

• One year for carriage of


goods by sea.

• One year for employment-


related disputes.

UK (England and Wales) • Simple claims in contract: • Simple claims in contract: date of breach of
six years. contract.

• Claims brought in respect • Claims brought in respect of deeds: breach of


of deeds: 12 years. the obligation contained in the deed.

• Tort (excluding personal • Tort: date the damage is suffered.


injury and latent damage):
six years. • Personal injury: the later of the date the
damage occurred or the claimant's knowledge
• Personal injury: three of the damage.
years.
• Negligence (in respect of latent damage): the
• Negligence (in respect later of six years from the date the damage
of latent damage): three occurred or three years from the date on which
years or six years, subject the claimant had the requisite knowledge and
to a maximum period 15 the right to bring such an action.
years from the negligent
act or omission. • Fraud: when the claimant discovered the fraud,
or when they could, with reasonable diligence,
• Fraud: six years. have discovered it.

• Defamation: one year. • Defamation: date of publication of the


defamatory act.

UK (Northern Ireland) Claims brought in respect of Accrual of the cause of action (the date of the
deeds: 12 years. breach of contract).
Simple claims in contract: six From the date of breach of the contract.
years.
Tort (excluding personal injury Accrual of the cause of action (the date that the
and latent damage): six years. claimant suffers the damage).
Personal injury: three years. Accrual of the cause of action (or if later, the
claimant's date of knowledge).
Negligence (in respect of latent Accrual of the cause of action or, if later, the
damage): three years or six claimant's date of knowledge.
years, subject to a maximum

© 2021 Thomson Reuters. All rights reserved. 17


Limitation periods, Practical Law UK Articles 1-518-8770

period 15 years from the


negligent act or omission.
Fraud: six years. Accrual of the cause of action.
Defamation: one year. Accrual of the cause of action.
Negligence actions where Claimant's date of knowledge.
the material facts relevant to
cause of action are not known
to the claimant at the date of
the accrual of action: three
years, subject to an overriding
time limit of 15 years from the
defendant's negligent act or
omission.
Fraud, concealment or mistake. Time will not begin to run until the claimant has, or
could with reasonable diligence have, discovered the
fraud, concealment or mistake.
UK (Scotland) • Contractual claims and For contractual and delictual claims, the prescriptive
claims in delict, as well as period runs from the date when the loss or damage
certain tenancy matters: occurred.
five years.
Currently, in cases of latent damage, the prescriptive
• Personal injury, period starts when the claimant became aware,
defamation and or could with reasonable diligence have become
harassment claims: three aware, of the damage. This area of the law is the
years. subject of extensive judicial consideration and would
require detailed analysis in the context of a particular
• Claims under the
set of facts.
Consumer Protection Act
1987: ten years.

United States Limitation periods vary A cause of action generally accrues when the
depending on both the breach of contract or injury occurs. However, nearly
jurisdiction and cause of action. all jurisdictions have adopted discovery rules that
toll accrual of a claim until the injury is discovered or
reasonably should have been discovered.

Some claims (such as product liability claims) may


also be governed by a statute of repose, which
govern the time within which to file an action but are
triggered by an event other than the injury or breach
itself (for example, the date of sale).

END OF DOCUMENT

Related Content
Topics
Jurisdiction and Cross-border
Litigation

© 2021 Thomson Reuters. All rights reserved. 18

You might also like