Statute of Limitations: A Thing of the Past?

Abstract

The operation, content and mere existence of limitation periods have been subject to considerable debate. These laws (‘Limitation Acts’) are implemented through state legislation and thus differ in their application between states. Progressive changes in society have revealed flaws in the Limitations Acts; courts recognising a cause of action while coordinate courts in other states considering it barred and increased interstate mobility resulting in forum shopping. Statutory and judicial reconceptualisation of these Limitation Acts in regards to substantive and procedural law had been implemented to address this issue. Increases in faith in medical and psychiatric sciences and committee recommendations have also required Limitation Acts to accommodate these issues in a variety of ways. Some of these accommodations have resulted in abolishment of limitation periods. However, total abolishment of Limitation Acts altogether may still require discussion and consideration.