Limitation of Actions Consultation - Law Commission

of money, the limitation period is 12 years from the date the cause of action
accrued, on the grounds that a statute is a form of specialty. 189
We have
provisionally recommended that our core regime should apply to specialties 190
and
if our core regime were also to apply to actions for “any sum recoverable by virtue
of any enactment” no distinction would be made between the two types of action.
This would be advantageous because there seems no reason to differentiate
between actions on a statute where the plaintiff is seeking money and those where
he or she is not seeking monetary relief. 191
The initial limitation period would then
run from the date of discoverability of the cause of action in each case. This
would vary according to the provisions of the statute providing for the action -
adapting the test given in Coburn v Colledge, 192
the plaintiff would need to know of
every fact which was necessary for the plaintiff to prove to obtain the relief sought.
As under the present law, this would be a matter of statutory construction. The
starting point for the long-stop period, the date of the act or omission of the
defendant giving rise to the action, would also depend on the construction of the
relevant statute.
13.141 A further advantage of applying the core regime to actions on a statute would be
that the present theoretical problem of distinguishing between actions on a statute
as opposed to actions founded on simple contract or tort would no longer arise. 193
We ask consultees whether they agree with our provisional
recommendation that actions on a statute should be subject to our core
regime. If consultees do not agree, we ask them to say why not.
15 ACTIONS AGAINST PUBLIC AUTHORITIES
13.142 Between 1893 and 1954, actions against public authorities were subject to shorter
limitation periods than actions against other defendants. Under the terms of
section 1 of the Public Authorities Protection Act 1893:
Where any action, prosecution or other proceeding is commenced in the
United Kingdom against any person for any act done in pursuance or
execution or intended execution of any Act of Parliament, or of any public
duty or authority, or in respect of any alleged neglect or default in the
execution of any such act duty or authority ... the action, prosecution or
proceeding shall not lie or be instituted unless it is commenced within six
months next after the act, neglect or default complained of, or in the case
of a continuance or injury or damage, within six months next after the
ceasing thereof.
189 Section 8 of the 1980 Act. See paras 3.1 and 7.10 - 7.11 above.
190 See para 13.6 above.
191 We note, for example, that the Law Reform Committee recommended in 1936 that the
limitation period for all actions arising by virtue of statutory provisions should be reduced
from the period applicable to specialties to six years without distinguishing between actions
where the plaintiff sought payment under the enactment, and those where he or she did not.
See Law Revision Committee, Fifth Interim Report (Statutes of Limitation) (1936) Cmd
5334, p 9.
192 [1897] 1 QB 702. See para 7.16 above.
193 See paras 7.17 - 7.21 above.
369