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What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of breach or the date when the breach could reasonably have been discovered?

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Published on: 14 February 2017
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Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act 1980—general application. From these you will note that the limitation period for claims in contract is six years (section 5 of the Limitation Act 1980 (LA 1980)) and for tort is six years (LA 1980, s 2).

Limitation for equitable claims

With regard to claims in Equity, LA 1980, s 36 provides that certain limitation periods (including the six-year period for tort and contract claims) shall not apply to any claim for ‘equitable relief’, unless they can be applied by analogy with the way that a court would have applied any corresponding time limit before 1 July 1940. Halsbury's provides at para 262 that: ‘when claims are made in equity which are not, as regards equitable proceedings, the subject of any express statutory bar, but the equitable proceedings correspond to a remedy at law in respect of

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United Kingdom
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Key definition:
Fiduciary definition
What does Fiduciary mean?

A person, or entity, who acts for the benefit and on behalf of another person or group of persons. A fiduciary holds a legally enforceable position of trust.

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