Professional Negligence Time Limits: How Long Do You Have?
Limitation is the single most common reason a good negligence claim fails. The rules are not intuitive, and the clock rarely starts when people assume it does.
Last reviewed: August 2026
The basic six-year rule
For claims in contract, time normally runs from the date of the breach — the moment the professional did the work badly. For claims in negligence, it runs from the date you first suffered loss as a result. Those two dates can be years apart, which is why claims are usually pleaded in both.
The three-year discoverability extension
Where the damage was hidden, a further three-year period can run from the date you first had both the knowledge that the damage was attributable to the professional's act or omission, and enough information to investigate a claim. 'Knowledge' is judged objectively — a nagging suspicion you never followed up may still start the clock.
The 15-year longstop
There is an overall backstop: negligence claims generally cannot be brought more than 15 years after the negligent act or omission, whatever the discoverability position. Deliberate concealment by the professional can displace that, but proving concealment is a high bar.
Worked examples
- A conveyancer misses a restrictive covenant in 2019; you discover it when selling in 2026. The contract claim may be out of time; the discoverability route may not be.
- An accountant files incorrect returns for years; HMRC assesses penalties in 2025. Loss may be dated to the assessment rather than the filings.
- A surveyor overvalues a property in 2021; the shortfall crystallises on a 2026 sale. The date of damage is arguable and needs early analysis.
How to protect your position
- Write down the dates you know now — instruction, advice, completion, discovery
- Gather the file, engagement letter and correspondence before memories fade
- Take advice early; a protective claim form or a standstill agreement can preserve rights
- Do not wait for the professional's own complaints process to conclude — it does not stop the clock
If you think you may already be out of time
Still ask. Limitation arguments turn on precise dates and what you actually knew, and cases that look time-barred at first glance frequently are not. Our assessment is free, and if the claim is genuinely too late we will tell you straight away rather than run up costs.
Common questions
How long do I have to sue a professional for negligence?
In England and Wales the general rule is six years from the date the damage occurred. Where the loss was not reasonably discoverable at the time, a separate three-year period can run from the date you had the knowledge needed to bring a claim — subject to an overall 15-year longstop.
Does the clock start when the mistake was made or when I found out?
Usually when the damage was suffered, which is not always the same as when the advice was given, and rarely the same as when you discovered it. Because the analysis is fact-sensitive, assuming you are out of time without checking is a common and expensive mistake.
What if my deadline is very close?
Contact a solicitor immediately. It is often possible to protect the position quickly — for example by issuing a protective claim form or agreeing a standstill with the other side's insurers — but only if there is time to act.
Are the rules different in Scotland or Australia?
Yes. Scotland has its own prescription rules, and Australian limitation periods are set state by state, commonly six years with different discoverability provisions. Always check against the jurisdiction where the work was done.
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Tell us what happened and we will tell you honestly whether your loss is realistically recoverable. If it is not, we say so — there is no charge and no obligation to proceed.
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