header-logo header-logo

27 March 2026 / Fred Philpott
Issue: 8155 / Categories: Opinion , Limitation
printer mail-detail

A limitation revolution?

245642
Fred Philpott on how the Supreme Court has transformed the existing law as to limitations

Before 1623, there were no statutory limitation periods. A land ‘owner’ could not be certain that their occupancy of the land could not be challenged by someone alleging that they had better title because of events going back very many decades, if not more. This instability and economic uncertainty in land ownership which was at the centre of the country’s economic system had to be dealt with, and resulted in the first Limitation Act in 1623. The detailed history of this legislation, and an extensive review of other common law jurisdictions, is set out at [41] to [109] in the recent Supreme Court judgment of THG plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC 6. This decision is a good example of what the Supreme Court can produce that has much wider ramifications than the instant case.

Limitations are not an esoteric area of law. The subject is essential to the proper administration of civil justice (and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll