Foreign Limitation Periods Act 1984
Produced in partnership with Anneliese Day QC of Fountain Court Chambers and Thomas Ogden of 4 New Square
Foreign Limitation Periods Act 1984

The following Dispute Resolution guidance note Produced in partnership with Anneliese Day QC of Fountain Court Chambers and Thomas Ogden of 4 New Square provides comprehensive and up to date legal information covering:

  • Foreign Limitation Periods Act 1984
  • The general principle
  • The application of law relating to limitation
  • Exception—public policy (s 2(1))
  • Undue hardship (s 2(2))
  • Exception—Rome I and Rome II Regulations
  • The impact of the EU Mediation Directive—FLPA 1984, s 1A
  • Impact of the Consumer ADR Regulations—FLPA 1984, s 1B
  • Foreign judgments on limitation points
  • The meaning of law relating to limitation
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when considering:

  1. which applicable law to apply—for more information, see Practice Note: Brexit—applicable law

  2. which courts have jurisdiction to determine a dispute—for more information, see Practice Note: Brexit—jurisdiction

  3. cross border mediation—for more information, see Practice Note: Brexit—settlement. Note in particular that the Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019, SI 2019/469 were made on 1 March 2019 and come into force on exit day. They detail changes concerning the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133, including the implications for section 1A of the Foreign Limitation Periods Act 1984

This Practice Note refers to the following provisions:

  1. FLPA 1984—Foreign Limitation Periods Act 1984

  2. LA 1980—Limitation Act 1980

  3. AA 1996—Arbitration Act 1996

  4. PIL(MP)A 1995—Private International Law (Miscellaneous Provisions) Act 1995

  5. Rome I—Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)

  6. Rome II—Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)

  7. Rome Convention—Convention on the law applicable to contractual obligations (Rome Convention)

  8. Mediation Directive—Directive 2008/52/EC of the European