Factortame Litigation - Factortame V: Limitation Issues

Factortame V: Limitation Issues

On 27 November 2000 Judge Toulmin in the Technology and Construction Court held, under the Limitation Act 1955, Factortame's claims against the UK government were 'actions founded on tort', and that consequently a six-year limitation period applied. This meant that other claims against the Merchant Shipping Act 1988 would only be admissible if they had been lodged by 10 July 1996 (i.e. six years from the House of Lords' decision of 9 July 1990 granting Factortame interim relief), if not such claims were statute-barred. The Judge therefore rejected claims by Factortame in respect of other fishing vessels which had been refused registration under the 1988 Act, but which had not formed part of the original claim lodged in 1988, nor had been claimed before July 1996.

The Judge also rejected an attempt by Factortame to obtain damages for injury to feelings and aggravated damages caused by the government's breach of Community law. Factortame had argued that claims for discrimination under European law were broadly comparable to claims for discrimination to individuals under the Race Relations Act 1976. This was not accepted by Judge Toulmin who emphasised that such damages were only awarded in cases where the breach in question had caused harm to the claimant's self-esteem.