§ 4. Mr. Fletcherasked the Attorney-General whether he will introduce legislation to amend the Law Reform (Limitation of Actions) Act, 1954, in view of the judgments of the Court of Appeal in the case of Cartledge and others v. E. Joplin & Sons Ltd., reported in 1962 I Q.B. p. 189.
§ The Attorney-GeneralNo. My noble Friend the Lord Chancellor and my right hon. Friend the Secretary of State for Scotland appointed a Committee last year under the chairmanship of Mr. Justice Edmund Davies to advise them whether legislation is desirable to amend the law relating to the limitation of actions in cases of personal injury, where the injury or disease giving rise to the claim has not become apparent in sufficient time to enable proceedings to be begun within three years from inception. It would be premature to introduce legislation before this Committee has reported.
§ Mr. FletcherWill the Attorney-General draw the attention of that Committee to that fact that pneumoconiosis is a disease in which slow and progressive damage may be done to the lungs of a workman without his knowledge, and that if this happens through a breach of statutory duty by his employers, it is obviously unjust that his remedy should be barred after three years when he may not know until later what damage has been caused? Will the Attorney-General please bring the recommendations in this case to the notice of that Committee?
§ The Attorney-GeneralI do not think there is any need to do so at all, because it was on account of cases of this character that this Committee was set up. I am sure that the Committee is fully aware of the problem, for that very reason. It is a problem under its consideration.
§ Mr. HaleWill the right hon. and learned Gentleman bear in mind that while all their Lordships unanimously rejected the de non apparentibus, et non existentibus, eadem est ratio, two of them expressed the view that the onus of proof remained on the plaintiff to establish the date of non-opposed facts? Will he bear in mind that Lord Justice Pearson specifically, in his concluding words, invited examination of the grave difficulties which would result to plaintiffs under a three-year limit trying to establish claims in the case of a disease which clearly does not manifest itself normally within three years?
§ The Attorney-GeneralThat is one of the specific tasks of the Committee, and one hopes that we will have its 615 report by July of this year. I agree with the hon. Gentleman that it is a matter that should be dealt with, but it is not easy to find a satisfactory solution.