England and Wales · Civil Procedure Rules
How can fraud, concealment or mistake postpone limitation?
Section 32 can postpone the start of an applicable Limitation Act period until discovery or reasonable discoverability of the identified fraud, concealment or mistake. It does not create a separate six-year period for every claim. Establish the underlying action, statutory ground and actual discovery evidence.
- Period
- The underlying applicable period, subject to section 32 and its exclusions
- Trigger
- Actual discovery or reasonable discoverability under the proved statutory ground
- Rule
- Limitation Act 1980, section 32
The source comparison uses Limitation Act 1980, section 32. Section 32 can postpone an identified underlying period. It is not interchangeable with the specific injury knowledge test or a separate limitation cause of action.
Source guide · No automated date
Check the applicable procedure
The underlying action supplies the period. Section 32 supplies a qualified postponement rule, with deliberate concealment, reasonable diligence and statutory exclusions requiring proof. The raw six-year entry cannot determine either the underlying period or the discovery event. Section 32(3) protects the specified innocent third-party purchasers in the identified property actions.
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How can fraud, concealment or mistake postpone limitation?
Section 32 can postpone the start of an applicable Limitation Act period until discovery or reasonable discoverability of the identified fraud, concealment or mistake. It does not create a separate six-year period for every claim. Establish the underlying action, statutory ground and actual discovery evidence.
Responsible actor. The claimant relying on the identified section 32 postponement ground.
Actual discovery or reasonable discoverability under the proved statutory ground
Identify which of section 32(1)(a), (b) or (c) is relied upon and establish its actual requirements.
The underlying action supplies the period. Section 32 supplies a qualified postponement rule, with deliberate concealment, reasonable diligence and statutory exclusions requiring proof. The raw six-year entry cannot determine either the underlying period or the discovery event.
Limitation Act 1980, section 32How does this provision count time?
- Identify the underlying statutory period first. Then establish whether section 32 postpones its start and when actual discovery or reasonable diligence satisfies the statutory test.
- Section 32(3) protects the specified innocent third-party purchasers in the identified property actions.
Identify the underlying statutory period first. Then establish whether section 32 postpones its start and when actual discovery or reasonable diligence satisfies the statutory test.
Section 32 postponement does not itself define court access or timely issue. Apply the final-day rule belonging to the established underlying action and issuing route. Preserve the discovery evidence separately from any office-closure evidence.
Limitation Act 1980, section 32Which facts prevent one automatic date?
The underlying action supplies the period. Section 32 supplies a qualified postponement rule, with deliberate concealment, reasonable diligence and statutory exclusions requiring proof. The raw six-year entry cannot determine either the underlying period or the discovery event. Section 32(3) protects the specified innocent third-party purchasers in the identified property actions.
An established fraud ground affects an underlying simple contract action. Section 5 supplies the period and section 32 requires separate postponement facts. Identify both the underlying period and legally established discovery event.
The underlying period’s candidate final issue day is unavailable at the court office. Section 32 discovery analysis does not itself settle court commencement or closure treatment. Review the actual issuing procedure separately.
The underlying action instead has an excluded statutory longstop. Section 32 does not postpone the identified excluded longstop. Apply the actual exclusion rather than adding six years after discovery.
Which conditions and exceptions apply?
- Applicable procedure
- Identify which of section 32(1)(a), (b) or (c) is relied upon and establish its actual requirements.
- Material qualification
- Section 32(3) protects the specified innocent third-party purchasers in the identified property actions.
- Completion and variation
- Sections 32(4A) and (4B) exclude the identified statutory longstops from this discovery postponement.
- The underlying action supplies the period. Section 32 supplies a qualified postponement rule, with deliberate concealment, reasonable diligence and statutory exclusions requiring proof. The raw six-year entry cannot determine either the underlying period or the discovery event.
- Section 32 can postpone an identified underlying period. It is not interchangeable with the specific injury knowledge test or a separate limitation cause of action.
What must the responsible actor complete?
Questions about this procedure
How can fraud, concealment or mistake postpone limitation?
Does discovering fraud always give six more years?
No. The underlying action supplies its applicable period. Section 32 can postpone its start only where the statutory conditions apply.
Limitation Act 1980, section 32Is actual discovery the only possible starting event?
No. Section 32 also refers to when the matter could with reasonable diligence have been discovered.
Limitation Act 1980, section 32Does any missing information prove deliberate concealment?
No. Establish the statutory deliberate-concealment ground on the actual conduct and facts. Mere absence of information does not prove every requirement.
Limitation Act 1980, section 32Can section 32 defeat the product liability ten-year longstop?
No. Section 32(4A) expressly leaves the section 11A(3) product liability longstop outside this postponement mechanism.
Limitation Act 1980, section 32Can an innocent third-party purchase matter?
Yes. Section 32(3)–(4) restricts the specified property actions against qualifying innocent purchasers and those claiming through them.
Limitation Act 1980, section 32What must be retained before choosing a discovery date?
Preserve the underlying cause of action, alleged fraud or concealment, information available, investigation steps and actual or reasonably discoverable date.
Limitation Act 1980, section 32Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Limitation Act 1980, section 32 | Check the identified procedure, event, counting rule or qualification |
| Matthew v Sedman [2021] UKSC 19, paragraphs 3, 15–18 and 45 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 5 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 11A | Check the identified procedure, event, counting rule or qualification |