What is the professional negligence limitation period?

If a professional has let you down and caused you loss, you may have a claim in professional negligence. However, the question is not simply whether a claim exists, but whether it can still be brought.

The pre-Socratic philosopher Heraclitus observed that “everything flows” and that you cannot step into the same river twice. His point was not merely that things change, but that they do not stand still. Time moves forward, continuously and irreversibly. That idea finds a clear echo in Chaucer’s well known observation that “time and tide wait for no man”. This philosophy is reflected in litigation, where time does not stand still whilst a claimant considers their position and delays acting on a potential claim.

Professional negligence claims are subject to strict statutory deadlines under the Limitation Act 1980. These are known as limitation periods. If proceedings are not issued within the relevant limitation period, the claim will usually be barred, regardless of its merits. There are three principal limitation periods: the primary period, the secondary period, and the longstop.

What is the primary limitation period?

The primary limitation period is six years. However, the date from which time begins to run depends on the legal basis of the claim.

In contract, time will usually run from the date of breach. In negligence, time runs from the date on which damage is suffered. While these dates often coincide, they can differ in practice, and that distinction can materially affect whether a claim is in time.

The law recognises that a claimant may not immediately appreciate that negligent advice or services have caused loss. To address this, the law provides a further limitation period.

What is the secondary limitation period?

The secondary limitation period is three years from the date of knowledge. This is the date on which the claimant knew, or ought reasonably to have known, the material facts giving rise to the claim.

For example, a claimant may only discover that negligent advice has caused loss when an investment fails several years after it was made. In those circumstances, time may begin to run from the point at which the loss, and its potential cause, became apparent.

This can allow a claim to proceed even where the six year primary limitation period has expired.

What is the longstop limitation period?

There is also an absolute longstop of fifteen years. This runs from the date of the negligent act or omission. Once this period has expired, the claim is extinguished, regardless of when the claimant first acquired knowledge of the negligence.

Practical implications

Limitation provides a complete defence. If a claim is issued out of time, it will fail, irrespective of its substantive strength, unless a limited exception applies, such as deliberate concealment.

It is therefore critical to identify at an early stage when time began to run, particularly given the potential differences between contractual and tortious claims.

If you believe that you have suffered loss as a result of professional negligence, you should seek legal advice promptly to protect your position.

How we can help

If you consider that you may have a professional negligence claim, please contact our specialist team immediately. Time does not stand still.