R. B. MOTOR POLICIES AT LLOYD'S v. BUTLER.

(1948) 82 Ll.L.Rep. 841

KING'S BENCH DIVISION.

Before Mr. Justice Streatfeild.

Limitation of action-Conversion or wrongful detention-Defendant then unknown-Accrual of cause of action- Date-Insured car stolen by unknown person-Owner's claim for loss paid by plaintiff insurers-Car discovered in hands of innocent purchaser for value over six years afterwards-Action brought by plaintiffs against defendant, claiming return of car- Defence that action was statute-barred -Whether cause of action accrued at time car was stolen, even though the identity of thief was unknown-Limitation Act, 1939: 2. (1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued, that is to say: (a) actions founded . . . on tort. 3. (1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and, before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention. (2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished. 26. Where, in the case of any action for which a period of limitation is prescribed by this Act . . . (b) the right of action is concealed by the fraud of any such person as aforesaid . . . the period of limitation shall not begin to run until the plaintiff has discovered the fraud . . . or could with reasonable diligence have discovered it. . .