Six years, Twelve years or None?

Regina v Secretary of State for Transport, Ex Parte Factortame and Others (No 7) (TLR 10 January TCC)

In the Factortame litigation by the owners of fishing vessels, including shareholders and directors (the majority of whom were Spanish nationals), the claimants wished to add new heads of claim, and additional parties wished to be joined in the litigation. Over six years had elapsed since the causes of action arose. Were the government’s breaches of community law torts within the meaning of s2 of the Limitation Act 1980, by virtue of which the limitation period is six years, or was the limitation period twelve years by virtue of section 8 of the Act, or was there no period of limitation? The combination of breaches of article 43 (ex article 52) of the EC Treaty and s2(1) of the European Communities Act 1972 by the government amounted to a breach of statutory duty which was a tort governed by s2 of the Limitation Act 1980. Accordingly the applications to add new parties and to add claims by existing parties were dismissed.