Limitation Act 1963
Encyclopedia
The Limitation Act 1963 (1963 c.47) was an Act
of the Parliament of the United Kingdom
that amended the statute of limitations
to allow actions in some cases where the injured party had not discovered the injury until after the standard date of expiration. The Act was based on the report of the Davies
Committee on Limitation of Actions in Cases of Personal Injury, created after the Court of Appeal decision in the case of Cartledge v Jopling, and the Committee notably produced their final report before Cartledge had been heard in the House of Lords
. The draft bill was presented to Parliament on 6 May 1963, given the Royal Assent on 31 July and came into force on the same day.
The act allowed an injured party to bring a claim outside the normal statute of limitations
period if he could show that he was not aware of the injuries himself until after the limitation period had expired and if he gained the permission of the court. After a series of problems emerged, including vagueness on a point even the House of Lords was unable to clarify and poor draftsmanship, the Act was repealed bit by bit during the 1970s, with the Limitation Act 1980
scrapping the last remaining sections.
(three years after the events that caused the injury, as established by the Law Reform (Limitation of Actions, etc.) Act 1954) were if the claim was being brought for a case of mistake or fraud, in which case the statute of limitations was twelve months from when the claimant could reasonably have been expected to discover the fraud or mistake. In Cartledge v E. Jopling & Sons Ltd the claimant sued Jopling after he developed pneumoconiosis
from working in the company's poorly ventilated steel mills. The injuries were sustained in October 1950 but they were not discovered until 1956, and as a result the injured party had no cause of action. Because the injuries had not been discovered until six years after they were caused, and the statute of limitations was three years after the injury itself, Cartledge was not legally allowed to bring a case.
Cartledge pursued the claim anyway in an attempt to have the law changed, and decisions were made against him in both the High Court
and the Court of Appeal
. After the Court of Appeal decision a Committee on Limitation of Actions in Cases of Personal Injury was created under Mr Justice Davies
, which produced its report before the Cartledge case had even got to the House of Lords
. The report, published in September 1962, made several recommendations which found their way into a Limitation Bill placed before Parliament on 6 May 1963. While it was passing through the House of Lords
, Lord Reid suggested it would be simpler to amend the Limitation Act 1937, but this was never acted on. The act received the Royal Assent
on 31 July 1963 and came into force immediately.
in addition to the previous ones of fraud and mistake. It introduced an exception if 1) the permission of the court had been gained to bring a case and 2) the "material facts" of the case included "facts of a decisive character" which the claimant was not aware of until after the expiry of the statute of limitations. Where these two requirements were fulfilled, a case could be brought as long as it was within twelve months of the claimant finding out the "facts of a decisive character". The same principles applied if the injured party were dead and the claim was being brought on behalf of his estate or dependants. If leave was refused to open a case, the decision could be appealed up to the Court of Appeal of England and Wales
, but no further.
These provisions covered both Cartledge-like situations and cases where the injured party, while aware of his injuries, does not connect them to the true cause until more than three years after the injuries were sustained. The act had a limited retrospective effect - it covered injuries that had happened before the Act came into force if an action had not been brought. If a judgment had already been made in a case, the Act could not apply to it, meaning the Act actually had no effect on the Cartledge case itself.
had an opportunity to resolve this in Central Asbestos Co Ltd v Dodd but "failed spectacularly", making a decision so confused that the Court of Appeal
in Harper and others v National Coal Board said they could not actually find a ratio decidendi
anywhere in the House of Lords' opinion. The Act also suffered from drafting problems - in Central Asbestos Lord Reid
described it as having "a strong claim to the distinction of being the worst drafted Act on the statute book". The Act was repealed piecemeal by a series of Acts during the 1970s, and the Limitation Act 1980
finally repealed the last remaining sections.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that amended the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
to allow actions in some cases where the injured party had not discovered the injury until after the standard date of expiration. The Act was based on the report of the Davies
Edmund Davies, Baron Edmund-Davies
Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC was a British judge.Born Herbert Edmund Davies at Mountain Ash in Mid Glamorgan, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds...
Committee on Limitation of Actions in Cases of Personal Injury, created after the Court of Appeal decision in the case of Cartledge v Jopling, and the Committee notably produced their final report before Cartledge had been heard in the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
. The draft bill was presented to Parliament on 6 May 1963, given the Royal Assent on 31 July and came into force on the same day.
The act allowed an injured party to bring a claim outside the normal statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
period if he could show that he was not aware of the injuries himself until after the limitation period had expired and if he gained the permission of the court. After a series of problems emerged, including vagueness on a point even the House of Lords was unable to clarify and poor draftsmanship, the Act was repealed bit by bit during the 1970s, with the Limitation Act 1980
Limitation Act 1980
The Limitation Act 1980 is a British Act of Parliament. It is a statute of limitations which provides timescales within which action may be taken for breaches of the law. For example it provides that breaches of an ordinary contract are actionable for six years after the event whereas breaches of...
scrapping the last remaining sections.
Background
Before the passing of the 1963 Act, the only exceptions to the normal statute of limitationsStatute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
(three years after the events that caused the injury, as established by the Law Reform (Limitation of Actions, etc.) Act 1954) were if the claim was being brought for a case of mistake or fraud, in which case the statute of limitations was twelve months from when the claimant could reasonably have been expected to discover the fraud or mistake. In Cartledge v E. Jopling & Sons Ltd the claimant sued Jopling after he developed pneumoconiosis
Pneumoconiosis
Pneumoconiosis is an occupational lung disease and a restrictive lung disease caused by the inhalation of dust, often in mines.-Types:Depending upon the type of dust, the disease is given different names:...
from working in the company's poorly ventilated steel mills. The injuries were sustained in October 1950 but they were not discovered until 1956, and as a result the injured party had no cause of action. Because the injuries had not been discovered until six years after they were caused, and the statute of limitations was three years after the injury itself, Cartledge was not legally allowed to bring a case.
Cartledge pursued the claim anyway in an attempt to have the law changed, and decisions were made against him in both the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
and the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
. After the Court of Appeal decision a Committee on Limitation of Actions in Cases of Personal Injury was created under Mr Justice Davies
Edmund Davies, Baron Edmund-Davies
Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC was a British judge.Born Herbert Edmund Davies at Mountain Ash in Mid Glamorgan, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds...
, which produced its report before the Cartledge case had even got to the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
. The report, published in September 1962, made several recommendations which found their way into a Limitation Bill placed before Parliament on 6 May 1963. While it was passing through the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, Lord Reid suggested it would be simpler to amend the Limitation Act 1937, but this was never acted on. The act received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 31 July 1963 and came into force immediately.
Act
The Act created exceptions to the normal statute of limitationsStatute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
in addition to the previous ones of fraud and mistake. It introduced an exception if 1) the permission of the court had been gained to bring a case and 2) the "material facts" of the case included "facts of a decisive character" which the claimant was not aware of until after the expiry of the statute of limitations. Where these two requirements were fulfilled, a case could be brought as long as it was within twelve months of the claimant finding out the "facts of a decisive character". The same principles applied if the injured party were dead and the claim was being brought on behalf of his estate or dependants. If leave was refused to open a case, the decision could be appealed up to the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, but no further.
These provisions covered both Cartledge-like situations and cases where the injured party, while aware of his injuries, does not connect them to the true cause until more than three years after the injuries were sustained. The act had a limited retrospective effect - it covered injuries that had happened before the Act came into force if an action had not been brought. If a judgment had already been made in a case, the Act could not apply to it, meaning the Act actually had no effect on the Cartledge case itself.
Problem and repeal
The main problem with the Act was whether or not the claimant had to know he had a method of action or not for the standard limitation period to apply. The House of LordsJudicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
had an opportunity to resolve this in Central Asbestos Co Ltd v Dodd but "failed spectacularly", making a decision so confused that the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
in Harper and others v National Coal Board said they could not actually find a ratio decidendi
Ratio decidendi
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
anywhere in the House of Lords' opinion. The Act also suffered from drafting problems - in Central Asbestos Lord Reid
Lord Reid
Lord Reid may refer to :* James Reid, Baron Reid, a Scottish Unionist politician and judge .* John Reid, Baron Reid of Cardowan, a Scottish Labour politician, cabinet minister and chairman of Celtic F.C....
described it as having "a strong claim to the distinction of being the worst drafted Act on the statute book". The Act was repealed piecemeal by a series of Acts during the 1970s, and the Limitation Act 1980
Limitation Act 1980
The Limitation Act 1980 is a British Act of Parliament. It is a statute of limitations which provides timescales within which action may be taken for breaches of the law. For example it provides that breaches of an ordinary contract are actionable for six years after the event whereas breaches of...
finally repealed the last remaining sections.