HL Deb 28 March 1979 vol 399 cc1649-50WA
Lord GARDINER

asked Her Majesty's Government:

Whether they accept the Law Reform Committee's recommendations relating to limitation of actions.

The LORD CHANCELLOR

In its 21st Report (Cmnd. 6923, September 1977), the Law Reform Committee made a number of detailed recommendations for amendment to the law of limitation of civil actions by reason of the lapse of time. Their recommendations did not extend to the personal injury field, which had been covered by the Limitation Act 1975.

The Government have decided to promote legislation for England and Wales as soon as a suitable opportunity arises, to implement most of the report's proposals. The Government accept the view of the majority of the Law Reform Committee that there should be no residual discretion to allow proceedings to be brought out of time in cases of latent damage (as is provided for in cases of personal injury). Accordingly they will not seek legislation on that topic.

If Parliament approves legislation on the lines proposed by the Law Reform Committee, the Government also propose to put in hand a consolidation of the law of limitation.

The Law Reform Committee recommended further study of the classification of limitation of actions in private international law and I propose to invite the Law Commission to consider this topic.

House adjourned at six minutes before six o'clock.