Key Takeaways
- The standard limitation period for bringing a breach of contract claim in England and Wales is six years from the date the breach occurred, according to the Limitation Act 1980.
- For contracts signed as a deed, the time limit to sue for breach of contract increases to twelve years from the date of breach.
- Failing to act before the limitation period expires will almost always prevent you from making a claim, no matter how strong your case is.
- The limitation “clock” usually starts on the date the contract is breached, so it’s crucial to know exactly when that happened.
- Exceptions such as fraud, deliberate concealment, disability, or acknowledgement of debt can pause or extend the limitation period—review if any apply.
- Prompt action protects your right to claim and improves your chances of a swift, cost-effective resolution.
- Go Legal is trusted by clients nationwide for breach of contract advice, with expertise in calculating and maximising limitation periods.
- Go Legal is rated Excellent on Trustpilot with over 130 five-star reviews and a 4.9/5 client satisfaction rating.
- If you are unsure about your contract claim deadline, seek legal advice immediately to avoid missing your opportunity.
What Is the Limitation Period for Breach of Contract in the UK?
Missing a limitation deadline can be fatal to a breach of contract claim in England and Wales. Even the strongest cases are struck out if brought outside the statutory time window. The Limitation Act 1980 sets the default period as six years, but deals signed as deeds or involving fraud, concealment, or minors can trigger different calculations.
Acting within your limitation period is essential. Our expert solicitors at Go Legal can calculate your true deadline, review your evidence, and protect your rights from being lost to time.
When Does the Limitation Period Start to Run for Contract Claims?
The limitation period typically begins when the contractual obligation is breached, not when you first learn of the problem. Understanding this starting point is critical, as the law gives only very limited scope to pause or “restart” time.
Carefully review your contract and all communications to pinpoint the breach date. If in doubt, our lawyers can analyse your matter and identify the true start date for limitation.
What Are the Standard Time Limits to Sue for Breach of Contract?
Determining which limitation window applies is vital, as missing the appropriate deadline will bar your claim, regardless of how compelling your evidence may be.
How Long Do You Have to Bring a Claim Under Simple Contracts?
Simple contracts (including most written, verbal, and implied agreements) are governed by a six-year limitation period from the date of breach, as specified in section 5 of the Limitation Act 1980.
What About Contracts Signed as a Deed?
Contracts executed as a deed commonly used for land transactions, certain guarantees, and long-term agreements carry a twelve-year limitation period from the date of breach (section 8, Limitation Act 1980).
Can Limitation Periods for Breach of Contract Be Extended or Suspended?
Although limitation rules are notoriously strict, several statutory exceptions can extend or suspend time. These exceptions are very narrowly interpreted by the courts.
Exceptions for Fraud, Concealment, and Mistake
- Where a defendant has committed fraud or deliberately concealed the breach, the limitation period will not begin until the breach is or could be discovered with reasonable diligence (section 32, Limitation Act 1980).
- Claims based on mistake follow a similar rule: time starts when the mistake is (or should have been) identified.
Disability or Minority
Where the person entitled to claim was under 18 or lacked legal capacity at the time of breach, limitation begins only once they reach 18 or regain capacity (sections 28 and 29, Limitation Act 1980).
Failure to move quickly after discovering fraud or mistake can jeopardise these protections. Early legal intervention is essential to preserve your rights.
What Happens If You Miss the Limitation Deadline?
Issuing proceedings after the limitation period has expired allows the defendant to raise a limitation defence. If upheld, the court will almost always dismiss the claim, whatever the underlying merits.
There are rare cases where the limitation period resets such as written acknowledgments of debt or part payments—but these are strictly interpreted and require solid evidence.
How to Calculate Limitation Dates and Protect Your Rights
Successfully making or defending a contract claim depends on accurately calculating limitation dates and keeping careful evidence.
Step-by-Step Guide to Checking Your Limitation Period
- Identify the contract type: Is it a deed or a simple contract? Review the signed documents for precise terms.
- Pinpoint the breach date: Establish when the obligation was not performed or payment was missed.
- Assess exception circumstances: Was fraud, concealment, or legal disability affecting the timeline?
- Check for post-breach acknowledgements: Did the other side ever confirm liability in writing or make a payment after breach?
- Record and diarise key dates: Set clear reminders and aim to start proceedings well before any deadline.
Essential Evidence to Gather
- Signed contract, including any amendments or addenda
- Chronology of the transaction and evidence of breach (emails, delivery receipts, missed payments)
- Any written admissions, acknowledgements, or part payments
- Invoices, bank records, and clear calculations of loss
Rigorous evidence management and proactive legal action are key to preserving contract claims within the maximum limitation window.
What Laws and Deadlines Apply to Contract Claims in the UK?
The Limitation Act 1980 sets out primary time limits, but bespoke contractual terms and industry regulations can alter these periods in specific situations.
The Limitation Act 1980: Framework for Contract Disputes
- Six years: Most debt, goods, and services claims under simple contracts (section 5)
- Twelve years: Contracts executed as deeds (section 8)
- Special extensions: Available in instances of disability, fraud, or deliberate concealment (sections 28–32)
Can Contract Terms Shorten or Lengthen the Limitation Period?
Contracting parties may agree to a different limitation period, but such clauses must use clear wording and be considered fair, especially with consumers. Any ambiguity or unfairness can lead to the clause being set aside under the Unfair Contract Terms Act 1977.
Oral vs Written Contracts: Time Limits
Both oral and written contracts—if not executed as deeds—carry a six-year limitation from breach, under section 5, Limitation Act 1980.
If you remain unsure about your contract’s limitation position, Go Legal’s experienced dispute solicitors can clarify your rights and deadlines through a detailed contract assessment.
What Do the Courts Say About Limitation Periods in Contract Disputes?
Judges strictly apply limitation rules, even when outcomes appear harsh. Understanding recent case law can prevent costly missteps and inform sound litigation strategy.
| Case | Facts | Outcome | Why It Matters |
|---|---|---|---|
| Lowsley v Forbes [1998] UKHL 39 | Claim for breach discovered years after it occurred | Limitation ran from breach date, not from discovery | Stresses that the clock does not wait for late discovery |
| Peco Arts Inc v Hazlitt Gallery Ltd [1983] 1 WLR 1315 | Timing of breach in art sale dispute | Limitation commenced upon breach, not when losses arose | Reaffirms “breach, not loss” governs time |
| Jennings v Harper [2008] EWCA Civ 378 | Defendant acknowledged liability in writing after breach | Limitation period restarted by clear written acknowledgment | Useful for debts or settlement post-deadline |
| Edwards v Burdett [2011] EWCA Civ 1608 | Contract terms concealed by fraud | Limitation extended due to fraudulent concealment | Exception confirms strict test for pausing time |
Careful reading of judgments and accurate record-keeping are crucial in limitation disputes. Our specialist team at Go Legal uses this case law to build effective claims and robust defences for clients.
Our Winning Approach to Limitation Period Breach of Contract UK
Bringing a successful contract claim is about more than understanding the law. At Go Legal, we offer bespoke, client-focused strategies, drawing upon deep technical knowledge and current legal developments:
- Regular features in industry publications for high-value contract dispute wins
- Fast, fixed-fee limitation deadline reviews for business and private clients
- Secure document uploads for maximum confidentiality via Go Transfer
- Direct WhatsApp and phone updates from your dedicated solicitor
- Evidence-led pre-action negotiations for out-of-court solutions, and tactical litigation when trial is needed
- Advanced expertise in serial breaches, delayed loss, and limitation extensions where available
- Transparent, competitive fees, including no-win-no-fee for select cases
To find out your true limitation deadline or discuss a complex breach, arrange a confidential review with our solicitors today for a Free Consultation. See our excellent Trustpilot client feedback.
Frequently Asked Questions
Can I bring a breach of contract claim after six years if I only just found out about the breach?
Usually not. Limitation almost always runs from date of breach, unless there was fraud or deliberate concealment.
Is there a different time limit for breaches of employment contracts?
Employment contract breaches are generally governed by separate statutory or tribunal deadlines. Always obtain specialist advice as soon as a dispute arises.
Do verbal contracts have the same limitation period as written contracts?
Yes. Both count as simple contracts and attract a six-year limitation from breach.
What if both parties agreed to a different time limit in the contract?
If the contract clearly expresses a longer or shorter period, it will usually be enforced, provided the term is fair and unambiguous.
Can the limitation period start from the date of loss instead of the breach?
In most cases, the limitation period starts at breach, not at loss. Exceptions apply only when set out in statute.
Will sending a complaint or letter restart the limitation period?
Only a clear, written acknowledgment of the debt or part-payment will restart the limitation clock. Simple complaints do not extend limitation.
How do courts treat ongoing or repeated breaches for limitation purposes?
Each separate breach starts its own limitation period for continuing obligations, such as regular payments.
Does the limitation period apply if the breach is still causing losses?
Yes. Ongoing financial loss does not extend the period, unless a further breach occurs.
Can I claim against multiple parties for the same contract breach within the limitation period?
Yes, as long as each claim is made before the limitation deadline against all relevant parties.
Do I need a solicitor to calculate limitation dates, or can I do it myself?
You can make simple calculations, but complex or high-value cases require professional analysis. Errors in limitation are rarely forgivable, and seeking Go Legal’s expertise can safeguard your claim.
Get Expert Help With Breach of Contract Limitation Periods Today
Knowing and acting within the strict limitation period is critical for successful legal action in breach of contract cases. The consequences of missing the deadline are severe, often making recovery impossible, no matter how strong your claim. Early assessment by our specialist solicitors at Go Legal ensures your claim is preserved, your evidence is robust, and your commercial interests are protected.
Contact our expert lawyers today for clear, strategic advice. Call 0207 459 4037 or use our online booking form for a Free Consultation.
