Activity 5c

1. The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of the limitation of actions to achieve the principles of justice requires students to write about relevant strengths and weaknesses of costs considerations. Responses will vary according to the arguments selected.

        Arguments in support of the limitation of actions achieving the principles of justice include:

• Legislation limiting the time within which a plaintiff may commence a civil action ensures that defendants are treated fairly, because they will not have to face historical claims where evidence is unreliable and prejudicial due to the lapse of time.
• The discretion to allow for an extension of time where it is just and reasonable to do so, and where the defendant will not be prejudiced, gives the courts scope to ensure that potential litigants receive equal treatment before the law while still allowing the plaintiff to access the justice system despite obstacles they may have faced.
• Providing exceptions under the 2015 amendments to the Limitation of Actions Act 1958 for victims of historical child abuse recognises the particular difficult that such plaintiffs face in bringing a civil claim, and ensures that legal processes provide them with fairness and equality in obtaining compensation and justice.
• The limitation period must be raised as a defence, which means that plaintiffs are still able to access the justice system when their claim is out of time – if the limitation period is raised as a defence, the court will determine the defence on its merits, according to the circumstances of the individual case.

        Arguments against the limitation of actions achieving the principles of justice include:

• A defendant who faces an extension of the limitation period may struggle to effectively defend a claim. The lapse of time between the incident and legal proceedings may prevent a defendant from accessing reliable evidence to avoid a finding of liability.
• Not all plaintiffs will be impacted equally by the same limitation period, because each plaintiff faces different barriers to bringing legal action. For example, historical child sex abuse now has no limitation period, but adult victims of sex crimes also take longer on average to come forward with them than victims of non-sexual crimes.
• Equality across plaintiffs may not be achieved if one receives an extension of time but another one does not, because of differences in how each court views their extenuating circumstances.
• Because the onus is on the defendant to raise the limitation period as a defence, the defendant may not be treated fairly or receive full access to the protections of the justice system if they are not aware that this is available to them as a defence – the courts will nor bar the action just because it is out of time.
• Some limitation periods are exceedingly short, and it may be unreasonable and unfair to expect most potential plaintiffs to realise they have a claim, prepare the necessary money and resources to pursue it, and then to take concrete action all within the short period.

2. The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence when referring to the arguments for and against the limitation of actions, that it does achieve one principle of justice. Responses will vary according to the arguments selected.