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Limitation of Actions Consultation - Law Commission

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(2) the <strong>Law</strong> Reform (<strong>Limitation</strong> <strong>of</strong> <strong>Actions</strong>, etc) Act 1954 provides that causes<br />

<strong>of</strong> action accruing before the Act was passed, but not yet time-barred, are<br />

to be governed by the longer <strong>of</strong> the old and new limitation periods.<br />

Otherwise, it does not apply to such actions;<br />

(3) the <strong>Limitation</strong> Act 1963 has considerable retrospective effect, applying to<br />

causes <strong>of</strong> action accruing before it was passed, save those where a final<br />

order or judgment was given before the Act was passed; 108<br />

(4) the <strong>Limitation</strong> Act 1975 applies the same approach as the 1963 Act: that is,<br />

it applies retrospectively to actions arising before its commencement,<br />

though not to actions where a final order or judgment was given before the<br />

Act commenced;<br />

(5) the <strong>Limitation</strong> Act 1980 does not apply to actions barred by the <strong>Limitation</strong><br />

Act 1939 before the commencement <strong>of</strong> the Act or to actions which have<br />

been begun before its commencement.<br />

(6) the main limitation provisions <strong>of</strong> the Latent Damage Act 1986 (that is,<br />

sections 1 and 2) do not apply to actions barred by the <strong>Limitation</strong> Acts<br />

1939 or 1980 before its commencement or to actions begun before its<br />

commencement. Subject to that, the Act has effect in relation to causes <strong>of</strong><br />

action accruing before, as well as after, it came into effect.<br />

108 Though, as noted above, Arnold v CEGB [1988] AC 228 has limited this.<br />

178

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