Limitation of Actions Consultation - Law Commission

PART XIII
OPTIONS FOR REFORM III: THE RANGE
OF THE CORE REGIME
13.1 We envisage that the core limitation regime we provisionally propose will apply, in
a uniform way, to the vast majority of causes of action in contract and tort. 1
In
other words, it will apply, for example, to an action for breach of a simple contract
(that is, one supported by consideration); to an action in the tort of negligence for
personal injury, property damage or pure economic loss; or to an action in tort for
nuisance or breach of statutory duty.
13.2 What we discuss here is whether the core regime can sensibly apply to other
actions falling within the Limitation Act 1980 (most of which have been
“problematic” for the purposes of limitations) namely: -
(1) Actions on a specialty;
(2) Actions under the Law Reform (Miscellaneous Provisions) Act 1934;
(3) Actions under the Fatal Accidents Act 1976;
(4) Actions by victims of child sexual abuse;
(5) Actions for defamation or malicious falsehood;
(6) Actions for conversion;
(7) Actions by a subsequent owner of damaged property;
(8) Actions in restitution;
(9) Actions for a contribution or an indemnity;
(10) Actions for breach of trust and related actions;
(11) Actions to recover land and related actions;
(12) Actions on a judgment;
(13) Actions on an arbitration award;
(14) Actions on a statute;
(15) Actions against public authorities.
13.3 We also discuss in this Part:
1 See para 11.17 above.
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