Limitation Act 1939 Explained

Short Title:Limitation Act 1939
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations.
Year:1939
Citation:2 & 3 Geo. 6. c. 21
Territorial Extent:England & Wales
Royal Assent:25 May 1939[1]
Commencement:1 July 1940
Repealing Legislation:Limitation Act 1980
Status:repealed

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.

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.

Bibliography

Notes and References

  1. Web site: Royal Assent . 25 May 1939. Parliamentary Debates (Hansard). 2009-10-23.