Limitation—professional negligence claims


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Limitation—professional negligence claims


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note looks at the Limitation period for professional Negligence (prof neg) claims and explains how to determine the date of Accrual in respect of claims in both Contract and in tort.

For more background information on limitation, see: Limitation—overview and Practice Notes:

  1. •

    Limitation Act 1980—general application

  2. •

    Limitation—contract claims

  3. •

    Limitation—tort claims

For general guidance on professional negligence claims, see also: Professional negligence claims—overview.

Professionals owe duties to their clients in both contract and tort

Where a person assumes responsibility to perform professional services for someone who relies on those services, a duty in tort to exercise reasonable skill and care can arise, even if the services are performed under a contract between those parties (Henderson v Merrett, differing from Tai Hing v Liu Chong Hing).

Under the Limitation Act 1980 (LA 1980), the limitation period for both contract and tort claims is six years but, time starts to run:

  1. •

    in contract—from the date of breach

  2. •

    in negligence—from the occurrence of damage

Damage is capable of occurring later

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Negligence definition
What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

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