Limitation of Actions Consultation - Law Commission

13.155 - 13.157. If consultees do not consider that the core regime should apply to
section 459 proceedings:
(1) Do they consider that a longer initial limitation period should apply, and if
so what period?
(2) Do they consider that the initial limitation period should run from some
starting point other than the date of discoverability and, if so, what starting
point?
(3) Do they consider that a different length of long-stop should apply?
(Paragraph 13.158).
17 SHOULD THE CORE REGIME APPLY TO EQUITABLE, AS WELL AS, COMMON
LAW REMEDIES?
15.65 We ask consultees whether they agree with our provisional view that (subject to
the question dealt with in the next paragraph) where the core regime applies to
common law remedies for a cause of action, it should also apply to equitable
remedies for that cause of action. If consultees do not agree, we ask them how
they think such equitable remedies should be dealt with for limitation purposes.
(Paragraph 13.165).
15.66 We incline to the view that, so as to avoid any question of our proposals affecting
the long-established rule that a contract to transfer a legal interest is as good as a
transfer of that interest, a limitation period for specific performance should not be
introduced where under the present law (as exemplified by Williams v Greatrex) 6
laches does not operate to bar specific performance of a contract. We ask
consultees for their views on this issue. If consultees are against the introduction
of a limitation period for specific performance in this situation, we ask them
whether they would nevertheless favour, in this situation, a limitation period being
introduced for damages in lieu of specific performance so as to produce
assimilation, for the same breach of contract, with the limitation period applicable
to an action for common law damages. (Paragraph 13.167).
15.67 We ask consultees which of the following three options, if any, they prefer. In
each, by laches we do not mean to include either acquiescence, or delay in
prosecuting, rather than instituting, an action.
(1) Option 1: Laches should not apply to final equitable remedies where the
relevant cause of action is governed by the core regime but should continue
to be relevant to applications for interlocutory relief (for example,
interlocutory injunctions).
(2) Option 2: Laches should not apply to (final) equitable monetary remedies
where the relevant cause of action is governed by the core regime but
should continue to apply to equitable specific remedies (for example,
specific performance or injunctions) whether interlocutory or final.
6 [1957] 1 WLR 31.
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