England and Wales · Civil Procedure Rules
When does the six-year period for a tort claim start?
Section 2 ordinarily bars an action founded on tort after six years from accrual. The precise tort and all required elements determine accrual. Personal injury, defamation and other statutory exceptions can use different periods or events.
- Period
- Ordinarily six calendar years under section 2
- Trigger
- Accrual of the complete cause of action for the particular tort
- Rule
- Limitation Act 1980, section 2
The source comparison uses Limitation Act 1980, section 2. The general tort period does not replace the personal injury period in section 11 or the defamation period in section 4A.
Source guide · No automated date
Check the applicable procedure
A loss date, wrongful act and discovery date need not be the same legal event. The tort’s elements and any applicable personal injury, latent damage or special statutory regime must be established. This guide supplies no universal tort filing date. Check the Act’s specific exceptions, including personal injury and relevant latent damage provisions.
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When does the six-year period for a tort claim start?
Section 2 ordinarily bars an action founded on tort after six years from accrual. The precise tort and all required elements determine accrual. Personal injury, defamation and other statutory exceptions can use different periods or events.
Responsible actor. The claimant bringing the identified tort action.
Accrual of the complete cause of action for the particular tort
Confirm the cause of action and when its necessary elements were complete.
A loss date, wrongful act and discovery date need not be the same legal event. The tort’s elements and any applicable personal injury, latent damage or special statutory regime must be established. This guide supplies no universal tort filing date.
Limitation Act 1980, section 2How does this provision count time?
- Identify when the particular tort became actionable. Apply six calendar years only to the established section 2 branch, with any applicable accrual or postponement rule.
- Check the Act’s specific exceptions, including personal injury and relevant latent damage provisions.
Identify when the particular tort became actionable. Apply six calendar years only to the established section 2 branch, with any applicable accrual or postponement rule.
The tort must accrue before its ordinary six-year period can be counted. Then establish timely issue and the actual court-access rule. Neither a generic weekend carry nor a later discovery date automatically resolves that commencement question.
Limitation Act 1980, section 2Which facts prevent one automatic date?
A loss date, wrongful act and discovery date need not be the same legal event. The tort’s elements and any applicable personal injury, latent damage or special statutory regime must be established. This guide supplies no universal tort filing date. Check the Act’s specific exceptions, including personal injury and relevant latent damage provisions.
An ordinary in-scope tort cause of action becomes complete during October 9, 2026. Assume no specific exception or postponement applies. Review six calendar years from the established accrual branch.
A possible final issuing date falls during a court closure. Timely commencement requires the actual issuing procedure, not a generic date label. Establish the appropriate final-day treatment separately.
The same event caused personal injury damages. The injury limitation regime can displace the general six-year period. Classify the actual action under section 11 before counting.
Which conditions and exceptions apply?
- Applicable procedure
- Confirm the cause of action and when its necessary elements were complete.
- Material qualification
- Check the Act’s specific exceptions, including personal injury and relevant latent damage provisions.
- Completion and variation
- Prove any section 32 postponement instead of substituting a convenient discovery date.
- A loss date, wrongful act and discovery date need not be the same legal event. The tort’s elements and any applicable personal injury, latent damage or special statutory regime must be established. This guide supplies no universal tort filing date.
- The general tort period does not replace the personal injury period in section 11 or the defamation period in section 4A.
What must the responsible actor complete?
Questions about this procedure
When does the six-year period for a tort claim start?
Do all civil wrongs use the same six-year period?
No. Section 2 is the general tort rule. The Act contains specific periods and qualifications.
Limitation Act 1980, section 2Does discovering loss always restart tort limitation?
No. The applicable knowledge or postponement provision must actually cover the claim. Discovery alone is not a universal restart.
Limitation Act 1980, section 32Do personal injury damages remain under section 2?
Section 11 supplies the identified personal injury limitation regime where its scope applies. Classify the damages and action.
Limitation Act 1980, section 11What if the claim is for defamation?
Section 4A supplies a one-year period for the actions it identifies. Do not use six years automatically.
Limitation Act 1980, section 4AIs the wrongful act necessarily the accrual date?
Not for every tort. Establish the required elements, including any necessary damage, before selecting the event.
Limitation Act 1980, section 2Why is 2,190 days unsuitable?
Six calendar years can include leap days. A fixed day multiple does not reproduce the statutory unit.
Limitation Act 1980, section 2Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Limitation Act 1980, section 2 | 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 4A | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 11 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 32 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 14A | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 14B | Check the identified procedure, event, counting rule or qualification |