HC Deb 25 July 1990 vol 177 cc611-2
The Solicitor-General

I beg to move amendment No. 7, in page 73, line 17, leave out clause 92.

Madam Deputy Speaker

With this it will be convenient to consider Government amendments Nos. 184 and 185.

The Solicitor-General

The amendment is a good example of consultation producing better legislation. I pay tribute to the hon. Member for Norwood (Mr. Fraser), who used his own deep practical experience as a solicitor to advance arguments in Committee to which I was instantly attracted. His arguments were about the disadvantages of a three-year flat period for limitation during which one had not only to issue but to serve one's process.

One has three years, or it may be six years, in which to issue process and only four months rather than the previous 12 months in which to serve it. Those with detailed knowledge of obtaining leave to serve in difficult circumstances realise that if we had taken the route suggested by the civil justice review, many detailed administrative provisions made under rules of court would have taken much time to understand. I am not talking here about the physical process of serving, although that can be relevant.

The hon. Member for Norwood said that ordinary litigants would think that they had three years, which is the normal time for a personal injuries case, and might turn up to their solicitor in the last week or the last day or two and the solicitor would not have time to serve process. Insurance companies and others might also be less constructive and helpful than they are under the present rules, and the whole procedure would cause more trouble than it was worth. I said that we would think again.

In the meantime, we had an extremely helpful paper on the matter from the Law Commission. We have carefully examined that and have decided that the civil justice review suggestion of a period of limitation in which not only service but issue had to be carried out was outweighed by the disadvantages. We have therefore tabled the amendment. I am grateful to the members of the civil justice review for the attention that they gave to this matter.

Mr. Fraser

This is one of the few occasions in my time as a Member of Parliament when I have seen a victory for reason on an important point of principle. I shall not be ungenerous in victory. I am grateful to the Solicitor-General for the way in which he has examined the matter. I rejoice at what has happened.

Amendment agreed to.

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