- within Immigration topic(s)
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.
Most notably, the Commission recommends the elimination of the existing exception that applies to minors. The general rule is that where a Plaintiff is a minor on the date of accrual of the action, the limitation period is suspended until their 18th birthday, at which time they are considered to have legal capacity. The Commission considers that this rule provides too much protection for a Plaintiff in circumstances where they are in the custody of a parent or guardian. It recommends that the parent or guardian should be presumed competent and conscious of their responsibilities and therefore, capable of commencing proceedings on behalf of the minor Plaintiff within the two year period recommended.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
