Limitation of Actions Consultation - Law Commission

PART XII
OPTIONS FOR REFORM II: A NEW CORE
LIMITATION REGIME
12.1 In considering fundamental reform of the law of limitations, and the elements of a
new core regime applicable to (at least the majority of causes of action in) contract
and tort there seem to us to be five central issues.
(1) When should time start to run?
(2) How long should the limitation period be?
(3) Should there be a “long-stop”?
(4) What factors, if any, should postpone the running of time?
(5) Should the courts have a discretion to disapply or exclude a limitation
period?
12.2 What we provisionally propose, subject to hearing the views of consultees, is a core
regime applicable to (at least most causes of action in) contract and tort. The
central features of the core regime would be as follows:- 1
(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 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.
12.3 We believe that this core regime is simple and clear, and achieves a proper balance
of justice and certainty. In particular, while the move to discoverability as the
uniform starting date is designed to give greater justice to plaintiffs, by reducing
1 We here repeat paras 1.47 and 11.16.
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