The Lord Chancellor announced this week that the Government has
accepted in principle recommendations by the Law Commission to
streamline time limits for bringing civil claims. Currently, the
Limitation Act 1980 provides for varying limitation periods
depending on the nature of the claim.
The recommendations are contained in the Law
Commission report entitled "Limitation of Actions" and suggest a
core limitation period of three years within which to bring a
claim. That period would run from the date on which a claimant
knows (or ought reasonably to know) the facts giving rise to the
cause of action, the identity of the defendant and that any injury,
loss or damage is significant. The court would have a discretion to
permit a personal injury claim to be brought outside that core
The Commission also proposes a 10 year longstop
period (30 years in the case of personal injury claims) within in
which a claim must be commenced. Claims in relation to land would
also be subject to a 10 year limitation period.
At present there is no timetable for introducing
legislation to replace the 1980 Act. The Government has only
indicated that it will do so "when an opportunity arises".
For further information please contact Amanda Wadey
at email@example.com or
on + 44(0)20 7367 2308.