HC Deb 26 October 1953 vol 518 cc323-4W
83 and 84. Mr. Turner-Samuels

asked the Attorney-General (1) whether his attention has been called to the case, in the Court of Appeal, of Littlewood versus George Wimpey and Company Limited and British Overseas Airways Corporation and to the observations of Lord Justice Denning in his dissenting judgment; and if he will consider introducing legislation at an early date in accordance with the recommendation of Lord Justice Tucker's Committee in June, 1949, to do away with the distinction, as regards the period in which an action may be instituted in respect of a tort, between a private firm or individual and a Government Department or public authority or corporation;

(2) whether, having regard to the decision in the case of Littlewood versus George Wimpey and Company Limited and British Overseas Airways Corporation, he will introduce an amendment to the Limitation Act, 1939, so as to make a Government Department or public authority or corporation, which is jointly liable with another defendant or defendants in an action, liable to pay contribution to damages notwithstanding that an action against such Department or authority has failed on the ground that it was not sued within one year from the date on which the cause of action accrued.

86. Mr. E. Johnson

asked the Attorney-General if he is aware that the period of limitation during which proceedings can be taken is one year in the case of a public corporation and six years in the case of a private concern; and if he will introduce legislation to make the period the same in both cases.

Brigadier Medlicott

asked the Attorney-General if he will consider amending the law to extend the time limit laid down in the Public Authorities Protection Act to not less than two years, and to extend the protection afforded by the Act to public and private companies, firms and individuals.

The Attorney-General

This case has been very carefully considered. The Government recognise that there is much to be said for removing the distinction between public authorities and other defendants in this branch of the law. I cannot, however, hold out any hope that the Government will be able to find time for legislation at an early date.