Limitation of Actions Consultation - Law Commission

2. TORTS
(1) Actions Founded on Tort 25
3.12 Section 2 of the Limitation Act 1980 provides that an action founded on tort
cannot be brought “after the expiration of six years from the date on which the
cause of action accrued”. In the case of torts actionable per se the date of the
accrual of the cause of action will be when the defendant’s wrongful act is
committed. For torts actionable only on proof of damage, such as negligence, the
cause of action will accrue upon the damage occurring. In this section we
concentrate on the issue of when does relevant damage occur, especially in the
context of claims for the tort of negligence.
(a) Torts actionable on proof of damage: accrual of cause of action
(i) Personal injuries
3.13 As we shall see below, in actions for damages for personal injuries the limitation
period is three years from the date on which the cause of action accrues or three
years from the date of knowledge (if later) of the plaintiff. 26
In practice the focus of
attention has been on the date of knowledge, but the concept of accrual remains
important since this marks the earliest possible date at which time can start to run.
In this section we are only concerned with the accrual of the cause of action.
3.14 The leading case on the concept of accrual in a personal injuries context is
Cartledge v E Jopling & Sons Ltd. 27
In this case the plaintiff suffered from
pneumoconiosis caused by inhaling dust at his place of work over a long period of
time. Although the actual damage to the plaintiff could not be detected for a long
time, the House of Lords held that a cause of action for personal injury accrued as
soon as the plaintiff suffered some injury which was not merely trivial, even though
he or she was quite unaware of it at the time.
(ii) Physical damage
3.15 The cause of action for negligent physical damage accrues when the relevant
property is damaged. Pirelli General Cable Works Ltd v Oscar Faber & Partners, 28
contains the leading authoritative statement on the accrual of a cause of action for
physical damage. The case concerned cracks in a chimney which occurred not
later than 1970. The chimney was built in 1969. The cracks were not discoverable
until 1972 and had not actually been discovered until 1977. The writ was issued in
1978. Relying on Cartledge v E Jopling & Sons Ltd and drawing a distinction
between defects in property and damage to property, the House of Lords held that
the cause of action for physical damage accrued when the cracks first occurred.
25 The general rules on limitation for actions founded on tort are now subject to significant
exceptions in the case of actions for personal injuries and death (s 11), cases of latent
damage (ss 14A and 14B), actions under the Consumer Protection Act 1987 (s 11A) and
actions for defamation (ss 4A and 32A, inserted by Defamation Act 1996, s 5). These are
considered in separate sections below.
26 Section 11(4). See further below paras 3.29 - 3.65.
27
[1963] AC 758.
28 [1983] 2 AC 1 (HL).
30