Limitation of Actions Consultation - Law Commission

pursued in the tort of nuisance 6
but three years from discoverability or six years
from accrual, whichever is the later, if pursued in the tort of negligence. 7
11.4 Other features of limitation law can be criticised for incoherence. For example,
deliberate concealment can stop a period running but cannot suspend it once it
has started to run. 8
Mental disability stops a period running but a mental disability
that only arises subsequent to the running of the limitation period is normally
ignored. 9
Acknowledgement of a liquidated claim starts time running again:
acknowledgement of an unliquidated claim does not. 10
(2) Complex
11.5 The incoherence of the present law in itself makes it complex. Take, for example,
the position in tort. While the basic tort period is six years from accrual, 11
the
limitation period for negligent latent damage to property or economic loss is three
years from discoverability, subject to a long-stop of fifteen years, or six years from
accrual, whichever period expires later. 12
Claims for personal injury are subject to
a limitation period of three years from discoverability (which may be excluded at
the court’s discretion) but no long-stop. 13
Where however the personal injury was
caused by the deliberate action of the defendant, the limitation period is only six
years from the date of accrual of the cause of action, with no possibility of
exclusion. 14
Actions for personal injury or damage to property under the
Consumer Protection Act 1987 have a period of three years (extendible, in the
case of personal injury, at the court’s discretion) running from a subtly different
discoverability starting date with a ten year long-stop. 15
Conversion has no
limitation period in the case of theft. 16
Defamation has a one year period from
publication, which may be excluded at the court’s discretion. 17
11.6 Unnecessary complexity also results from matters of detail in particular regimes.
The provisions on, for example, breach of trust 18
and on the meaning of
“knowledge” in actions for personal injury 19
and latent damage 20
and under the
6 See paras 3.12 above.
7 See paras 3.87 - 3.93 above.
8 See paras 8.13 - 8.20 above.
9 See paras 8.2 - 8.10 above.
10 See para 8.32 above.
11 See para 3.12 above.
12 See paras 3.87 - 3.93 above.
13 See para 3.29 above.
14 See Stubbings v Webb [1993] AC 498: see paras 3.32 - 3.36 above.
15 See paras 3.101 - 3.104 above.
16 See paras 3.112 - 3.115 above.
17 See paras 3.105 - 3.107 above.
18 See paras 4.1 - 4.32 above.
19 See paras 3.38 - 3.65 above.
20 See paras 3.94 - 3.98 above.
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