Limitation of Actions Consultation - Law Commission

Act Nature of Action Starting Point Limitation
period
Solicitors Act
1974, section
54
Sex Discrimination
Act 1975,
section 76
Application to
strike a solicitor
off the roll for
defect in service
under articles,
admission or
enrolment
(i) Complaint of
discrimination in
employment 82
(ii) Claim to court
of discrimination
in other areas
(iii) Application
for decision that
contravention of
sections 38 - 40 83
occurred
(iv) Application
for an injunction
against further
contravention of
ss 38 - 40
Date of enrolment 12 months 81
Date act complained
of was done
(v) Application by Date act complained
129
(i) 3 months
(ii) 8
months in
educationrelated
matters;
otherwise 6
months
(iii) 6
months
(iv) 5 years
Discretionary
Exclusion?
No
Yes, where the
tribunal considers
it is “just and
equitable” to
consider the
matter out of
time
(v) 6 Yes, where the
81 Unless fraud is shown to have been committed in connection with the defect or failure, in
which case there is no limitation period.
82 Under s 63.
83 Discriminatory advertisements, instructions to discriminate and pressure to discriminate.