Law Reform Commission Report On The Statute Of Limitations

Author:Mr Tom Hayes
Profession:Matheson Ormsby Prentice
 
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In December 2011, the Law Reform Commission published a Report on the Statute of Limitations. The main recommendations of the Commission include the introduction of a uniform basic limitation period of two years and a uniform ultimate limitation period of fifteen years, both of which will apply to common law actions, including breach of contract, tort and personal injury actions. These actions are currently subject to varying limitation periods ranging from two to six years.

It is recommended that the basic limitation period of two years should run from the date of knowledge of the Plaintiff in all cases. Knowledge should include both actual and constructive knowledge. The ultimate limitation period of fifteen years would act as a final cut-off point for any legal proceedings and would run from the date of the act or omission giving rise to the cause of action. The Commission does recommend, however, that the proposed legislation would include a narrow statutory discretion to either extend or dis-apply the ultimate limitation period in the appropriate circumstances.

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