Harper James advises ambitious businesses on commercial disputes under the laws of England and Wales, where missing a deadline can weaken or prevent an otherwise valid claim. The first task is to identify every relevant date, not just the date by which court proceedings must be issued.
For many simple contract claims, the limitation period is six years from the date the cause of action arose. Claims made under a deed generally have a 12-year period. Tort claims commonly have a six-year period, although the calculation can depend on when the loss occurred and whether a statutory exception applies. A contract can also impose a shorter notice period, require a claim to be notified within a defined number of days, or make compliance a condition of recovery.
The limitation period is only one part of the analysis. A signed written acknowledgment of a debt or a part payment can affect the limitation position, while a standstill agreement can extend the time available if it is properly documented. Further guidance on commercial dispute procedure can help a management team understand the sequence before instructing solicitors.
Create a register as soon as a dispute is identified. Record the contract date, breach date, loss date, notice requirements, escalation steps, mediation or arbitration provisions, limitation date and any agreed extensions. Preserve the underlying contract, purchase orders, emails, messages, invoices, board papers and relevant accounting records. Keep original metadata where possible, and suspend routine deletion policies for relevant material.
Check whether the contract requires a letter before action, a specified form of notice or service at a particular address. A notice sent to the wrong address, or outside the required period, can create a separate dispute. If proceedings have already been issued, diarise the deadline for service, acknowledgment of service, defence, disclosure, witness statements and expert evidence. Court orders take priority over an internal timetable.
Do not treat the limitation date as a target. Allow time to investigate the facts, quantify the claim, obtain board approval, prepare pleadings and resolve any service problem. Commercial negotiations and mediation can continue, but they do not automatically stop time running. Any standstill agreement should be agreed in writing before the existing period expires, with clear dates and scope.
Harper James can help a business assess the limitation position, review contractual notice provisions, prepare a letter before action, negotiate a standstill or issue proceedings. Early triage is often the most efficient step because it separates a recoverable claim from a dispute where the cost, evidence or deadline risk no longer supports litigation.