R v Secretary of State for Transport ex parte Factortame Ltd (No. 7) [2000] EWHC Technology 179 (27 November 2000)

R v Secretary of State for Transport ex parte Factortame Ltd (No. 7) [2000] EWHC Technology 179 (27 November 2000)

Claims for damages against the Government for breach of Community law are properly classified as actions founded on tort for the purposes of section 2 of the Limitation Act 1980. The six-year limitation period applies to such claims. The cause of action arises from a breach of statutory duty, with Community law obligations incorporated into English law via section 2 of the European Communities Act 1972. The Limitation Act is drafted in wide terms and encompasses new causes of action arising from Community law. The classification as 'Eurotort' is apt, but the source of the obligation (European law) does not alter the analysis. Section 2 applies to all new claims since 10th July 1996.

Citation
[2000] EWHC Technology 179
Parties
Applicants: Factortame Limited and Others; Respondents: Secretary of State for Transport (now Secretary of State for the Environment, Transport and the Regions)
Jurisdiction
England and Wales
Judgment Date
27 November 2000
Procedural Posture
Judicial Review / Damages Claim / Preliminary Issues Judgment Prior to Main Damages Hearing
Outcome
Section 2 of the Limitation Act 1980 applies; six-year limitation period governs claims for damages for breach of Community law.
Legal Topics
State Liability for Breach of EU Law, Limitation Periods, Breach of Statutory Duty, Discrimination, Remedies for Breach of Community Law
European Union Law Public Law Tort Law Statutory Interpretation State Liability for Breach of EU Law Limitation Periods Breach of Statutory Duty Discrimination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 27 Party arguments 2
Sign in to unlock

Parties

Factortame Limited and Others

Applicants

Secretary of State for Transport (now Secretary of State for the Environment, Transport and the Regions)

Respondents

Procedural Posture

Judicial Review / Damages Claim / Preliminary Issues Judgment Prior to Main Damages Hearing

Legal Issues

  1. 1 Does the Limitation Act 1980 apply to claims for damages against the Government for breaches of European law?
  2. 2 If so, is the limitation period six years or twelve years?
  3. 3 Is a claim for breach of Community law properly classified as an action founded on tort?

Ratio Decidendi

Claims for damages against the Government for breach of Community law are properly classified as actions founded on tort for the purposes of section 2 of the Limitation Act 1980. The six-year limitation period applies to such claims. The cause of action arises from a breach of statutory duty, with Community law obligations incorporated into English law via section 2 of the European Communities Act 1972. The Limitation Act is drafted in wide terms and encompasses new causes of action arising from Community law. The classification as 'Eurotort' is apt, but the source of the obligation (European law) does not alter the analysis. Section 2 applies to all new claims since 10th July 1996.

Court Disposition

Section 2 of the Limitation Act 1980 applies; six-year limitation period governs claims for damages for breach of Community law.

Orders

  • All new claims since 10th July 1996 are subject to the six-year limitation period under section 2 of the Limitation Act 1980.
  • Applications to add new parties or claims outside the limitation period are barred unless within six years.