Limitation Act 1939

Limitation Act 1939[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations.
Citation2 & 3 Geo. 6. c. 21
Territorial extent England & Wales[b]
Dates
Royal assent25 May 1939[1]
Commencement1 July 1940[c]
Repealed1 May 1981
Other legislation
Amends
Repeals/revokes
Repealed byLimitation Act 1980
Relates toLimitation Act 1963
Status: Repealed
Text of statute as originally enacted

The Limitation Act 1939 (2 & 3 Geo. 6. c. 21) was an act of the Parliament of the United Kingdom that simplified the law relating to limitation periods in England & Wales. The act was based on the fifth report of the Law Revision Committee and is divided into three parts, with Part I dealing with limitation periods, Part II dealing with exceptions and Part III dealing with general matters.[2]

Section 2 of part I introduces a new limitation period; six years for all cases in tort and contract. The period runs from the point where the injury or problem was created, not from when it was discovered; thus, the act replicates problems later solved by the Limitation Act 1963. Part II allows for a "resetting" of the limitation period in situations where the party is insane, not a legal adult or imprisoned for either the death penalty or for penal servitude.[3]

Subsequent developments

The whole act was repealed by section 40(3) of, and schedule 4 to, the Limitation Act 1980.

Notes

  1. ^ Section 34(1).
  2. ^ Section 34(3).
  3. ^ Section 34(2).

References

  1. ^ "Royal Assent". Parliamentary Debates (Hansard). 25 May 1939. Retrieved 23 October 2009.
  2. ^ Unger (1940), p. 45.
  3. ^ Unger (1940), p. 46.

Bibliography

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