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44. The Commission took the view that on balance a limitation period of three years from the date of knowledge would be appropriate. However, the one year period has now been in operation for several years and does not appear to have caused significant difficulties. As noted above, the section 32A discretion gives some flexibility where the court considers it just for the period to be waived. In addition, we are not aware of any evidence that the difference in the limitation period between England and Wales and Scotland has in practice caused any problems. In the event that the multiple publication rule is retained, there would not therefore appear to be any strong justification for changing the limitation period from one year from the date of publication.

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