Limitation Act 1980

Actions for sums recoverable by statute E+W

9 Time limit for actions for sums recoverable by statute. E+W

(1) An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

(2) Subsection (1) above shall not affect any action to which section 10 [F1 or 10A] of this Act applies.

Textual Amendments

F1 Words in s. 9(2) inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 8; S.I. 2021/396, reg. 3(c)(d)

10 Special time limit for claiming contribution. E+W

(1) Where under section 1 of the M1 Civil Liability (Contribution) Act 1978 any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall be brought after the expiration of two years from the date on which that right accrued.

(2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (referred to below in this section as “the relevant date”) shall be ascertained as provided in subsections (3) and (4) below.

(3) If the person in question is held liable in respect of that damage—

(a) by a judgment given in any civil proceedings; or

(b) by an award made on any arbitration;

the relevant date shall be the date on which the judgment is given, or the date of the award (as the case may be).

For the purposes of this subsection no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the person in question.

(4) If, in any case not within subsection (3) above, the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made.

(5) An action to recover contribution shall be one to which sections 28, 32F2 ... and 35 of this Act apply, but otherwise Parts II and III of this Act (except sections 34, 37 and 38) shall not apply for the purposes of this section.

Textual Amendments

F2 Word in s. 10(5) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 7(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1978 c. 47(122:3)

[F3 10A Special time limit for actions by insurers etc in respect of automated vehicles. E+W

(1) Where by virtue of section 5 of the Automated and Electric Vehicles Act 2018 an insurer or vehicle owner becomes entitled to bring an action against any person, the action shall not be brought after the expiration of two years from the date on which the right of action accrued (under subsection (5) of that section).

(2) An action referred to in subsection (1) shall be one to which sections 32, 33A and 35 of this Act apply, but otherwise Parts 2 and 3 of this Act (except sections 37 and 38) shall not apply for the purposes of this section.]

Textual Amendments

F3 S. 10A inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 9; S.I. 2021/396, reg. 3(c)(d)

[F4 10B Special time limit for actions relating to construction products E+W

(1) An action under section 148 of the Building Safety Act 2022 shall not be brought after the expiration of 15 years from the date on which the right of action accrued.

(2) An action under section 149 of the Building Safety Act 2022 shall not be brought after—

(a) if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued, and

(b) if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued.

(3) In a case where—

(a) a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and

(b) the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date,

subsection (2)(a) has effect as if it referred to the expiration of that year.

(4) In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force.

(5) No other period of limitation prescribed by Part 1 of this Act applies in relation to an action referred to in subsections (1) and (2).

(6) Sections 28, 32 and 35 of this Act apply in relation to an action referred to subsections (1) and (2), but otherwise Parts 2 and 3 of this Act (except sections 37 and 38) do not apply for the purposes of this section.]

Textual Amendments

F4 S. 10B inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 150, 170(3)