Limitations of Actions – English Law

The interpretation of the of the UK Limitations of Action Act was recently the subject of proceedings in the UK Supreme Court. Trustees and de facto trustees (Trustees de son tort) are not statute barred from proceedings for a fraudulent Breach of Trust, however in the UK parties who are not fiduciaries and who assist in the Breach of Trust are able to plead the Limitation of Actions.

The limitations period can be extended when there have been a deliberate concealment of evidence that would confirm a Breach of Trust.

[2014] 2 WLR 355

[2014] 2 WLR 356

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This tab updated on 19 March 2015