Limitation of Actions Consultation - Law Commission

(3) Option 3: Laches should continue to apply to all (interlocutory or final)
equitable remedies (including specific performance, injunctions, an account
of profits, equitable damages, equitable compensation, and rescission) as
opposed to common law remedies.
If consultees feel that none of the options discussed above is appropriate, they are
requested to set out their preferred alternative. (Paragraph 13.176).
18 THE INTERRELATIONSHIP BETWEEN OUR PROPOSED CORE REGIME AND
STATUTORY LIMITATION PERIODS OUTSIDE THE 1980 ACT
We ask consultees whether they agree with our provisional view that, analogously
to section 39 of the Limitation Act 1980, the core regime we are proposing should
not apply where a limitation period is prescribed in another enactment. We also
ask consultees whether they agree that the limitation periods in the following
statutes do not merit special treatment and should be brought within the core
regime: the Rent Act 1977, section 94; the Vaccine Damages Payments Act 1979,
section 3; the Compulsory Purchase (Vesting Declarations) Act 1981, section 10;
the Copyright, Designs and Patents Act 1988, sections 113 and 203. We would
also ask consultees for their views as to whether there are other limitation periods
in other statutes that ought to be brought within the core regime. (Paragraph
13.184).
19 A “SWEEPING-UP” OR “DEFAULT” PROVISION?
15.68 We ask consultees:
(1) whether they agree with our provisional view that a new Limitations Bill
should include a “sweeping-up” or “default” clause stating that the core
regime applies to all causes of action unless excluded by another provision
in the Bill (or any other enactment);
(2) whether they consider that a limitation period (and if so what limitation
regime) should apply to proceedings by the Crown for the recovery of any
tax or duty or to forfeiture proceedings under the Customs & Excise Acts.
(Paragraph 13.187).
ADDITIONAL ISSUES
1 AGREEMENTS TO CHANGE THE LIMITATION PERIOD
15.69 We ask consultees whether (assuming the agreement is otherwise valid) they agree
with our provisional view that it should be possible, by agreement:
(1) to reduce the initial limitation period or long-stop;
(2) to extend the initial limitation period; and
(3) to change the starting date for the initial limitation period.
We also ask consultees for their views as to whether, by agreement, a long-stop
period may or may not be extended or a long-stop starting date may or may not be
changed. (Paragraph 14.6).
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