Limitation of Actions Consultation - Law Commission

2. WHAT THE PLAINTIFF NEEDS TO DO TO PREVENT THE EXPIRY OF THE
LIMITATION PERIOD: ISSUE OR SERVICE OF THE PROCEEDINGS?
15.70 We are provisionally of the view that, as under the present law, the limitation
period should stop running when proceedings are issued by the plaintiff.
Consultees are asked if they agree. (Paragraph 14.10).
3. NEW CLAIMS IN EXISTING ACTIONS
15.71 We are provisionally of the view that new claims should be permitted provided that
they are sufficiently related to the original cause of action, even where the
limitation period has expired since the proceedings were started. Whether the
addition of a new claim is so related will be a question of fact for the courts.
Consultees are asked if they agree and, if they do not, to say why not. (Paragraph
14.14).
4 THE EFFECT OF THE EXPIRY OF THE LIMITATION PERIOD
15.72 Our provisional view is that (with the exception explained in paragraphs 13.65 -
13.69 above) no change should be made to the present law on the effect of the
expiry of a limitation period. Consultees are asked if they agree. (Paragraph
14.21).
5 THE “SEVCON PROBLEM”: RESTRICTIONS ON THE PLAINTIFF’S RIGHT
TO SUE.
15.73 We ask consultees whether they agree with our provisional view that, where the
plaintiff’s right to bring the action is subject to a restriction, the running of time,
for the purposes of the initial limitation period and long-stop, should be suspended
from the date the plaintiff has done all that he or she could do to lift that
restriction. If consultees do not agree with this, we ask them to say why they do
not agree. (Paragraph 14.27).
6 THE BURDEN OF PROOF
15.74 We provisionally propose that, in general, the burden of proof on limitation should
continue to be on the plaintiff. (Paragraph 14.31).
15.75 We ask consultees whether they would favour placing the burden of proving that
the plaintiff’s claim is barred by the long-stop on the defendant. (Paragraph
14.32).
7 COMMENCEMENT AND RETROSPECTIVITY
15.76 Our provisional view is that the proposed new Act would apply to causes of action
accruing before it commences, except where the cause of action has been barred
by the expiry of a limitation period under the provisions of a previous Act or
proceedings have been instituted in respect of a cause of action before the
commencement of the Act. Consultees are asked if they agree. (Paragraph 14.36).
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