Limitation of Actions Consultation - Law Commission

options for reform in respect of a number of additional issues. The final Part
summarises our provisional recommendations and consultation issues. The
Appendix contains the Limitation Act 1980, as amended.
6. AN OUTLINE OF OUR MAIN PROVISIONAL PROPOSALS
(1) A Core Regime 93
1.47 We provisionally propose a core regime. The central features of the core regime
would be as follows:-
(1) There would be an initial limitation period of three years that would run
from when the plaintiff knows, or ought reasonably to know, that he or she
has a cause of action. (But on this most fundamental of questions, we
should stress at the outset that we seek consultees’ views on whether they
would prefer one of four other main options for reform).
(2) There would be a long-stop limitation period of 10 years, or in personal
injury claims of 30 years, that would run from the date of the act or
omission which gives rise to the claim.
(3) The plaintiff’s disability (including supervening disability) would extend
the initial limitation period (unless, possibly, there is a representative adult
other than the defendant). Adult disability would not extend the long-stop
limitation period (and we seek views as to whether minority should do so).
Deliberate concealment (initial and subsequent) would extend the longstop.
Acknowledgements and part payments should start time running
again but not once the initial or long-stop limitation period has expired.
(4) The courts would not have a discretion to disapply a limitation period.
(2) The Range of the Core Regime 94
1.48 We provisionally propose that the above core regime would apply (without any
qualification) to the following actions:
(1) The majority of tort actions (including negligence claims, trespass to the
person (including sexual abuse), defamation and malicious falsehood);
(2) contract claims (on both simple contracts and specialties); 95
(3) restitutionary actions; 96
(4) breach of trust and related actions, including actions in respect of the
personal estate of a deceased person;
93 See Part XII below.
94 See Part XIII below.
95 But for actions for a contractual indemnity or contribution see paras 13.93 - 13.98 below.
96 But for actions for a restitutionary contribution or indemnity, see paras 13.84 - 13.92
below.
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