What is the limitation period for bringing a professional negligence claim?

Professional negligence happens when a professional fails to provide a service to the required standard, causing loss. To successfully pursue a professional negligence claim, you must show that the professional breached their duty of care and that this breach (or breaches) caused the loss.

We’ve covered the elements of a professional negligence claim, the evidence required and potential resolutions in earlier articles in this series. But how long do you have to bring a professional negligence claim? This article explains the limitation period and offers guidance on how best to proceed if you think you may have a claim.

What is a limitation period?

The Limitation Act 1980 sets out the time limits for bringing a claim in the civil courts in England and Wales. There are different limitation periods for various claims; these are set to ensure legal certainty and prevent claims from hanging over people indefinitely.

If you issue a claim outside the limitation period, you may be barred from pursuing it, as the defendant will have a complete defence.

Limitation for professional negligence claims

The limitation period for professional negligence claims (unless fraud is involved) is six years from the date of the negligent act or omission. This sounds straightforward but in practice, it can be more complex.

Date of knowledge

Negligence isn’t always obvious straight away. If the act or omission isn’t discovered immediately, the limitation period can be extended in certain circumstances. If eligible, you have three years from the date you first had ‘relevant knowledge’ (the extension). However, any claim is still subject to a ‘long stop’ limitation (see further below).

So, what does relevant knowledge mean? There are three constituent parts for the purposes of the Limitation Act:

• · Material facts knowledge: knowing the facts on which a complaint is based. You don’t need to have full certainty; constructive knowledge or reason to suspect negligence is sufficient
• · Attribution knowledge: knowing that damage or loss was caused, wholly or partly, by the act or omission said to be negligent. For example, you may know about a negligent act or omission but not that it led to a specific loss; this is not enough
• · Identity knowledge: knowing the identity of the proposed defendant.

The extension can be helpful in cases where a long time passes before you suspect negligence; however, the court won’t rescue parties who could and should have taken action earlier.

Every case will likely turn on its individual facts and circumstances, so seeking legal advice as soon as possible is always advisable.

The long stop

You can’t bring a claim more than 15 years after the date of the negligent act or omission, regardless of when you discovered it. This ‘long stop’ limitation period ensures that professional negligence claims are brought within a reasonable period of time, providing certainty and preventing claims hanging over professionals indefinitely.

Continuous negligence

Where there has been ongoing negligence by a professional, the limitation period may not start until the negligent acts or omissions stop. This can apply where the same professional represents you

throughout a transaction. However, there’s always a risk in waiting – you should act as soon as you suspect negligence to protect your position with regards to limitation.

Minors and incapacitated persons

For minors, the limitation period doesn’t start until they turn 18. For incapacitated persons, it starts when they regain capacity.

Conclusion

Acting quickly is very important. If you believe a professional has acted negligently, gather as much information as you can and seek legal advice on the merits of a potential claim and likely limitation periods.

Any delay in seeking advice or pursuing a claim can be detrimental to your ability to claim compensation.

Our team of experienced lawyers can help you navigate the complexities of limitation periods and advise on the merits of any potential civil claim.