Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Limitation period definition

What does Limitation period mean? The limitation period is the statutory time limit for commencing a civil claim; once expired, proceedings are time‑barred (statute‑barred) and a limitation defence is available. Periods are set by legislation: in England and Wales by the Limitation Act 1980, in Northern Ireland by the Limitation (Northern Ireland) Order 1989, in Scotland by the Prescription and Limitation (Scotland) Act 1973, and in Ireland by the Statute of Limitations 1957 (as amended, including 1991). Time usually runs from accrual of the cause of action, but may instead run from the claimant’s date of knowledge for latent damage or personal injury, and...

Limitation in Clinical Negligence: time limits, extensions, standstills and Section 33 discretion (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Coronavirus (COVID-19) :

The COVID-19 Clinical negligence Protocol (2020), last updated in June 2021, was introduced to modify how clinical negligence claims and litigation were handled during the coronavirus (COVID-19) period. It covered:

Limitation and time extensions
Communication
Service
Medical examinations
Exchange of evidence
Interim payments
Settlement meetings and mediations
BACS payments
Costs budgeting
Hearings (including adjournments)

With effect from 27 August 2024, this Protocol was replaced by the Clinical Negligence Claims Agreement 2024, which develops the earlier approach, with many practices now forming part of day-to-day claims management. The new Agreement is not contractually binding, but places emphasis on collaborative working between the parties.

limitation period: Section 11 of the Limitation Act 1980 (LA 1980) provides a three-year limitation in personal injury and clinical negligence cases from the date the cause of action accrued, or the injured person’s date of knowledge (for the purposes of LA 1980, s 14), if later. Where the claimant is a minor, the three-year period starts on their 18th birthday. For further guidance on limitation in clinical negligence claims and exceptions to the three-year rule, see...

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Web page updated on 21/05/2026

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