Limitation of Actions Consultation - Law Commission

SECTION A: THE CURRENT LAW
PART II
STARTING DATE, LENGTH OF PERIOD,
DISCRETION TO DISAPPLY AND LONG-
STOP: INTRODUCTION
2.1 In Parts III-VII we examine the present law on the four linked issues of: the
starting date of a limitation period; the length of the limitation period; whether
there is a judicial discretion to disapply the limitation period; and whether there is
an overriding long-stop. We also include reference to where there is no limitation
period.
2.2 The four issues of starting date, length, discretion to disapply and long-stop are
linked in the sense that the law’s approach to one of those issues can have a
“knock-on” effect on its approach to the other issues. For example, a rule that time
does not start to run until the cause of action is first reasonably discoverable will
tend to delay the running of time as opposed to a rule that time starts to run on
the accrual of the cause of action. But this may be offset to some extent by the
imposition of a shorter limitation period. Again, a shorter limitation period may be
supplemented by a judicial discretion to disapply the limitation period.
Alternatively the impact of a discoverability starting point may be softened by
imposing a long-stop running from the date of the defendant’s conduct which will
bar the action after a much longer period than the (initial) limitation period.
2.3 The law’s approach to these four main issues requires a careful balancing of the
interests of plaintiffs and defendants and the state. It constitutes the central policy
“battle-ground” in formulating our proposals for reform.
2.4 Most (initial) limitation periods run either from the date when the cause of action
accrues or from the date when the existence of the cause of action is first
reasonably discoverable by the plaintiff, though some have their own sui generis
starting date.
2.5 The lengths of the various periods are to a large extent a matter of historical
accident. 1
They largely vary between one and twelve years. The six year periods
were found originally in the Limitation Act 1623 and have remained unchanged
ever since. Most of the twelve-year periods were originally greater, mostly twenty
years, and have been reduced as part of the general trend towards shorter time
periods in land law. 2
The three-year period for personal injuries dates from 1954. 3
1 See, generally paras 1.6 - 1.21 above.
2 See M Dockray “Why do we need Adverse Possession” [1985] Conv 272. A comparison
may be drawn with the gradual reduction in the period for which a vendor must show title
from sixty years to the present fifteen years: Law of Property Act 1925, s 44(1), as amended
by the Law of Property Act 1969, s 23.
3 The Law Reform (Limitations of Actions, etc) Act 1954, s 2.
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