Foreign Limitation Periods Act 1984
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| Act of Parliament | |
.svg) | |
| Long title | An Act to provide for any law relating to the limitation of actions to be treated, for the purposes of cases in which effect is given to foreign law or to determinations by foreign courts, as a matter of substance rather than as a matter of procedure. |
|---|---|
| Citation | 1984 c. 16 |
| Dates | |
| Royal assent | 24 May 1984 |
| Commencement | 1 October 1985 |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Foreign Limitation Periods Act 1984 (c. 16)[1] is an act of the Parliament of the United Kingdom applicable only to England and Wales.
The act broadly provides that where any substantive matter falls to be determined by a foreign law under the English conflict of laws, then the limitation period applicable under that foreign law shall apply to it rather than the applicable period of limitation under the Limitation Act 1980.
The key provision is section 1(1) which provides:
(1) Subject to the following provisions of this Act, where in any action or proceedings in a court in England and Wales the law of any other country falls (in accordance with rules of private international law applicable by any such court) to be taken into account in the determination of any matter—
- (a) the law of that other country relating to limitation shall apply in respect of that matter for the purposes of the action or proceedings, subject to section 1ZA and section 1B; and
- (b) except where that matter falls within subsection (2) below, the law of England and Wales relating to limitation shall not so apply.
Section 2 of the Act creates a specific exclusion dealing with the position where the length of a foreign limitation period would be contrary to public policy.
