SQE1 limitation periods: what you must know and how it is tested

SQE1 limitation periods questions test the time limits in the Limitation Act 1980, when time starts, and when it can be extended. The key skill is choosing the right period and the right start date. Read it with the wider Dispute Resolution guide.

The rules to apply

The main periods are: six years for contract and tort claims (ss2 and 5), running from breach in contract and from damage in tort; 12 years for a claim on a deed (s8) and for recovery of land (s15); three years for personal injury and death claims (s11), running from the date of the injury or, if later, the date of knowledge (s14); and one year for defamation. A claim for contribution has two years (s10). Time stops running when a claim form is issued, not when it is served, though the claim form must then be served within the time allowed by the CPR (four months).

Latent damage in negligence (not personal injury) has a primary period of six years from damage, or three years from the date of knowledge if later, subject to a 15 year longstop from the negligent act (ss14A and 14B). Time does not run while the claimant is a child, or lacks capacity (s28). Fraud, deliberate concealment and mistake postpone the start until the claimant discovered it or could with reasonable diligence have done so (s32). Acknowledgment in writing or part payment of a debt starts the clock again (ss29 and 30).

Limitation is a defence that the defendant must plead. It bars the remedy, not the right. For personal injury and death claims the court has a discretion to disapply the limit under s33 (defamation has a similar power in s32A), having regard to the length of and reasons for delay, the effect on the evidence, and the defendant's conduct. There is no such general discretion for other claims.

Traps examiners use

• Counting from the date of loss in contract. It runs from breach.
• Using six years for personal injury. It is three years.
• Treating service of the claim form as the key date. The issue date stops time (subject to service rules).
• Using s33 for a contract claim. It applies only to personal injury and death claims.
• Forgetting that s32 postpones time in cases of concealment.
• Forgetting that a child's time does not start to run until 18.

Worked question 1

Veritas Ltd breached a contract to supply machinery on 8 October 2019. The loss only became apparent in 2022. The claimant sues only for breach of contract and issues a claim form on 15 October 2025. Which statement is correct?

• A. The claim is in time because time runs from the date of loss.
• B. The claim is in time because the period is 12 years.
• C. The claim is time barred because in contract the six year period runs from breach.
• D. The claim is in time because the claimant can use the three year date of knowledge rule.
• E. The claim is in time because the claim form was issued within six years of the discovery.

Answer: C. In contract time runs from breach, here 8 October 2019. Six years expired on 8 October 2025, so a claim form issued a week later is out of time. Damage is not needed for a contract cause of action. A and E apply the tort or discovery approach, B assumes a deed, and D applies the personal injury or latent damage rule, which does not fit.

Worked question 2

Karim, aged 30, is injured in a road accident on 3 March 2023 and knows at once who caused it. He issues a claim form on 10 September 2026. What is the position?

• A. The claim is time barred with no way round, because the limit is six years.
• B. The claim is in time because limitation is 12 years.
• C. The primary three year period has expired, but the court may disapply it under s33.
• D. The claim is in time because time runs from the date he instructed solicitors.
• E. The claim is in time because the claim form was issued before service.

Answer: C. The primary period is three years from 3 March 2023, which ended on 3 March 2026. Because it is a personal injury claim, the court can disapply the limit under s33, looking at the reasons for delay and the prejudice to the defendant. A is wrong on both the period and on the absence of discretion.

Checklist before you move on

• Identify the cause of action and the period.
• Fix the start date: breach, damage, or date of knowledge.
• Check for postponement (child, capacity, fraud, concealment).
• Check for restart (acknowledgment, part payment).
• Use the issue date, then check service in time.
• If personal injury, consider s33.

Test yourself on more original questions in our SQE1 practice questions.

Questions

Related

• SQE1 Dispute Resolution
• SQE1 practice questions: how to answer single best answer items
• SQE1 mock: how to time, pace and review it

Sources: SRA: SQE1 Assessment Specification (from 1 September 2026); Limitation Act 1980; Civil Procedure Rules. Checked 10 November 2026.