Limitation of Actions Consultation - Law Commission

“once he knew whether or not the facts in question might be capable of
giving rise to an action”. This factor only applies where the plaintiff’s lack
of knowledge of such facts is one of the reasons for the delay. 229
(3) The extent to which relevant evidence is likely to be unavailable or less
cogent than would have been the case if the action had been brought
within the limitation period set by section 4A. 230
3.107 These three factors correspond to sections 33(3)(a), (b) and (e). The factors in
sections 33(3)(c), (d) and (f) were presumably thought irrelevant or insufficiently
important to defamation cases as opposed to personal injury actions.
(7) Conversion
3.108 In respect of conversion - and for reasons that will become apparent - it would be
artificial to separate out the starting date and length of the limitation period from
the effect of the expiry of the period. We shall therefore consider expiry in this
section. 231
There is no discretion to exclude the limitation period and no long-stop
in relation to conversion.
(a) The general rule
3.109 The limitation period prescribed generally for the tort of conversion is the
limitation period prescribed for torts generally under section 2 of the 1980 Act,
that is, six years from the date of the accrual of the cause of action. Damage is not
a necessary ingredient of the tort, and the cause of action will accrue when the
goods are wrongfully interfered with, regardless of when the plaintiff discovered
the interference. 232
Failure to bring an action within the limitation period will
generally result in the extinction of the plaintiff’s title to the goods in question. 233
This is an exception to the rule, generally applicable in English law, that expiry of a
limitation period will bar the plaintiff’s remedy, but not extinguish his or her
right. 234
Example 1 In 1985 D takes P’s clock, honestly believing it to be his own, and
keeps it. P will have until 1991 to commence proceedings against D for conversion
and, once that time expires, P will lose his title to the clock.
The general rule is modified for successive conversions 235
and for conversions
constituting, or relating to, theft. 236
229 Section 32A(2)(b).
230 Section 32A(2)(c).
231 The general law on expiry of a limitation period is considered in paras 9.1 - 9.5 below.
232 Granger v George (1826) 5 B & C 149; 108 ER 56. See also RB Policies at Lloyds v Butler
[1950] 1 KB 76.
233 Section 3(2).
234 See paras 9.1 - 9.5 below.
235 Section 3.
236 Section 4.
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