Foreign Limitation Periods Act 1984

JurisdictionUK Non-devolved
Citation1984 c. 16
Year1984
the law of that other country relating to limitation shall apply in respect of that matter for the purposes of the action or proceedings F1, subject to F18 section 1ZA andF8section 1B; andexcept where that matter falls within subsection (2) below, the law of England and Wales relating to limitation shall not so apply.(2) A matter falls within this subsection if it is a matter in the determination of which both the law of England and Wales and the law of some other country fall to be taken into account.(3) The law of England and Wales shall determine for the purposes of any law applicable by virtue of subsection (1) (a) above whether, and the time at which, proceedings have been commenced in respect of any matter; and accordingly, section 35 of the (4) A court in England and Wales, in exercising in pursuance of subsection (1) (a) above any descretion conferred by the law of any other country, shall so far as practicable exercise that discretion in the manner in which it is exercised in comparable cases by the courts of that other country.(5) In this section “law”, in relation to any country, shall not include rules of private international law applicable by the courts of that country or, in the case of England and Wales, this Act.the law of another country relating to limitation applies by reason of section 1(1) (a) in respect of a matter for the purposes of an overseas armed forces tort action, andthe commencement condition applies in relation to that action,the date on which any limitation period specified in the relevant foreign limitation law began to run, orwhere the relevant foreign limitation law has the effect that the action may be commenced within an indefinite period, the first date on which the action could have been commenced.(3) The relevant foreign limitation law is to be treated as providing the defendant with a complete defence to the action so far as relating to the matter (where that would not otherwise be the case) .which is an overseas armed forces action as defined in section 33(1ZB) of the Limitation Act 1980, andan action to which section 11 of that Act applies (personal injuries) ,an action in respect of false imprisonment, oran action under the Fatal Accidents Act 1976 (death) .in accordance with the relevant foreign limitation law, a limitation period specified in that law has been suspended or interrupted for a period by reason of a person's lacking legal capacity or being under a disability, orin accordance with the relevant foreign limitation law, a period during which a person lacks legal capacity or is under a disability has been disregarded in computing a limitation period specified in that law,the period during which the limitation period was suspended, andany extra period after the suspension ended during which the action could have been brought only because of an extension provided for by section 1(1) of that Act.
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  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542) ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;concerns obligations under a sales contract or a service contract, andis between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,“sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;“service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;“trader” means a

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