There are time limits within which you must commence legal action as set down by law. Every jurisdiction has their own laws regarding these time limits, which will differ from jurisdiction to jurisdiction. In England, limitation periods are fixed by the Limitations Act 1980. The Act sets out different time limits for different causes of action (legal grounds or claims). Other Acts of Parliament also fix limitation periods and may alter those set out in the Limitation Act.

For example, for a breach of an ordinary contract the limitation period is six years after the event; for breach of a deed, the limitation period is twelve years after the event. For tortious claims, the general limitation period is six years - however there are specific periods for certain categories of tortious claims: personal injury claims have a three-year limitation period and defamation and malicious falsehood claims have a one-year limitation period.

Once a limitation period has expired, it is a complete defence available to a defendant. The defence that a limitation period applies must, however, be raised by the defendant; the court will not apply it automatically.

The trickiest aspect about limitation periods is working out when they commence. The general rule is that the limitation period commences at the time the cause of action applied to the claimant. This may sound simple enough, but in reality it can be difficult to ascertain, particularly where certain facts were not known at the time or the person concerned was young.

The rule is applied by the courts and tribunals very strictly; if a claim is commenced just one day after the limitation period has expired it is likely to be fatal to the claim if the defendant raises the defence. Limited exceptions to the general rule however do apply. For example, if the potential claimant was under 18 or of unsound mind at the time of the accrual of action, time will not begin until they are 18 or free of that disability. Where there has been fraud or concealment, time will not begin until the fraud or concealment is discovered or could, with reasonable diligence, be discovered.

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