Limitation of Actions Consultation - Law Commission

9.4 There are a number of exceptions to the rule that the expiry of the limitation
period bars the remedy and does not extinguish the right:
(1) Under section 17 of the 1980 Act, once a limitation period prescribed by
the 1980 Act for any action to recover land has expired, the title of the
person previously able to bring such an action is extinguished. 8
(2) Under section 3 of the 1980 Act, once a limitation period in respect of a
cause of action for conversion of personal property has expired, 9
the title to
that property of the person to whom the cause of action accrued is
extinguished.
(3) Under section 11A(3) of the 1980 Act once the ten year “long-stop” period
within which an action for damages may be brought under the Consumer
Protection Act 1987 has expired, the right of action is extinguished. 10
(4) The expiry of the one-year limitation period imposed under article 3(6) of
the Hague Visby rules 11
also serves to extinguish the right, rather than
merely barring the remedy. 12
9.5 Where the plaintiff’s right has been extinguished by the expiry of a limitation
period, he has no entitlement to a remedy whether through the courts or otherwise.
It is suggested in the Rules of the Supreme Court that the rule that a limitation
defence must be pleaded applies even in actions for the possession of land where
the expiry of a limitation period extinguishes the right. 13
But this is in principle
doubtful and in Dawkins v Lord Penrhyn 14
it was held that if it was apparent from
the Statement of Claim that the time within which a title to land must be asserted
had gone by, a limitation defence may be raised on an application to strike out the
claim which does not specifically refer to the question of limitation. Lord Cairns
LC distinguished between questions of limitations arising in personal actions
(“where it cannot be predicated that the Defendant will appeal to the Statute of
Limitations for his protection”) and actions relating to real property where the
plaintiff’s right is extinguished by the action of the Statute. 15
8 The rules with respect to settled land and land held on trust are more complex, delaying
the point at which title is extinguished until every right of action by a person beneficially
interested in the land has expired. See further the discussion at paras 6.40 - 6.41 above.
9 Where the cause of action relates to the theft of the property in question, it is disregarded
for the purpose of s 3. See further paras 3.112 - 3.115 above.
10 But the other “long-stop” provision in the 1980 Act dealing with negligently caused latent
damage merely bars the action: see s 14B of the 1980 Act, discussed at para 3.99 above.
11 See Schedule 1 of the Carriage of Goods by Sea Act 1971.
12 Aries Tanker Corporation v Total Transport Ltd [1977] 1 WLR 185.
13 RSC, O 18, r 8, note 18/8/10.
14 (1878) 4 App Cas 51 (HL).
15 The same distinction was referred to in Dismore v Milton [1938] 3 All ER 762, 763, per
Greer LJ. See also Ronex Properties Ltd v John Laing Construction Ltd [1983] QB 398.
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