The deadlines for bringing a professional negligence claim come from the Limitation Act 1980. They can be more generous than people expect — but they are also unforgiving once they pass.
The primary deadline: six years
The basic rule is that you have six years to bring a claim. For a claim in contract, time runs from the date of the negligent act or omission. For a claim in negligence (tort), it runs from the date you first suffered measurable loss — typically when you accepted the undersettlement.
The extension: three years from knowledge (s14A)
Often a veteran has no idea their claim was undersettled until years later. Section 14A of the Act helps here. It can give you three years from the date you first had the knowledge needed to realise something had gone wrong — even if the original six years has expired.
The courts (for example in Haward v Fawcetts) have held that you don't need to know you have a legal claim — only enough to suspect that something went wrong and that it may be linked to your adviser's handling. Once you have that cause for suspicion, the clock can start. This is why you should seek advice as soon as doubts arise.
The longstop: fifteen years
There is an absolute backstop. Under section 14B, no claim can be brought more than fifteen years after the negligent act, regardless of when you found out — except in cases of deliberate concealment.
Why you shouldn't wait
Limitation is one of the most common reasons otherwise good claims fail. Because the "date of knowledge" can be argued over, the safest course is always to get advice early — ideally as soon as you suspect your settlement may have fallen short. An early conversation costs nothing and protects your position.
If you're weighing this up, read about how claims should be valued so you can judge whether yours fell short, then ask us to check the dates for you.