Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

Limitation of tort claims under the Limitation Act 1980: accrual, continuing wrongs, latent damage, contingent damage, joint tortfeasors, concurrent duties and extensions (England and Wales)

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Practice notes

This Practice Note examines issues arising under the Limitation Act 1980 (LA 1980) as they relate to tort claims. It outlines the limitation period for tort-based actions, with consideration of joint tortfeasors, overlapping contractual and tortious duties, contingent loss, continuing wrongs and latent damage. For broader guidance on limitation, see Limitation—overview and the following Practice Notes:

Limitation Act 1980—general application
Limitation—the principal limitation periods

Initial considerations

A tort is a breach of duty that gives the injured party a private law entitlement to recover compensatory damages at common law from the person responsible (SAAMCO). Where a claim is founded in tort, the limitation period is six years from the date on which the cause of action accrues (LA 1980, s 2). Be aware that the language of LA 1980, s 2 is broadly cast and is capable of covering newly created rights, most likely statutory causes of action that the courts categorise as tortious...

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Web page updated on 21/05/2026

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