Statute of Limitations 1957

Extension of limitation period in case of disability.

49

49.— (1) ( a) If, on the date when any right of action accrued for which a period of limitation is fixed by this Act, the person to whom it accrued was under a disability, the action may, subject to the subsequent provisions of this section, be brought at any time before the expiration of six years from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired.

( b) Paragraph (a) of this subsection shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims.

( c) Where a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.

( d) None of the following actions—

(i) an action to recover land or money charged on land,

(ii) an action by an incumbrancer claiming sale of land,

(iii) an action in respect of a right in the nature of a lien for money’s worth in or over land for a limited period not exceeding life, such as a right of support or a right of residence, not being an exclusive right of residence in or on a specified part of the land,

shall be brought by virtue of paragraph (a) of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or to some person through whom he claims.

( e) This section shall not apply to an action to recover a penalty or forfeiture, or a sum by way of penalty or forfeiture, recoverable by virtue of any enactment, except where the action is brought by the party grieved.

(2) F24 [ ]

F25 [ (3) In the case of defamation actions within the meaning of the Defamation Act 2009, subsection (1) of this section shall have effect as if for the words six years there were substituted the words one year or such longer period as the court may direct not exceeding two years . ]

(4) In the case of—

( a) F26 [ ]

( b) an action to recover a penalty or forfeiture, or a sum by way of penalty or forfeiture, recoverable by virtue of any enactment where the action is brought by the party grieved,

subsection (1) of this section shall have effect as if for the words “six years” there were substituted the words “ two years”.

F27 [ (5) In the case of an action claiming damages under section 13 (7) of the Sale of Goods and Supply of Services Act, 1980, subsection (1) of this section shall have effect as if for the words six years there were substituted the words two years . ]

Annotations

Amendments:

F24

Repealed (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s. 5(4), commenced on enactment.

F25

Substituted (1.01.2010) by Defamation Act 2009 (31/2009), s. 38(2), S.I. No. 517 of 2009.

F26

Repealed (7.07.1964) by Civil Liability (Amendment) Act 1964 (17/1964), s. 6 and sch., commenced on enactment.

F27

Inserted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 13(8)(II), commenced as per s. 1.

Modifications (not altering text):

C28

Prospective affecting provision: application of section restricted (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991) s. 5, commenced on enactment, as amended by Legal Services Regulation Act 2015 (65/2015), s. 221(1)(c), not commenced as of date of revision.

Extension of limitation period in case of disability.

5. (1) Notwithstanding anything in section 49 (1) (a) of the Principal Act, if, in the case of—

( a) an action of the kind to which section 3 of this Act applies, or

( b) an action under section 48 (1) of the Civil Liability Act, 1961 (being an action where death is caused by wrongful act, neglect or default),

the person having the right to bring the action was under a disability either at the time when that right accrued to him or at the date of his knowledge, the action may be brought at any time before the expiration of [the period specified in the said section 3 from the date when he ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period so specified ] has expired, but section 49 (1) ( c) of the Principal Act shall apply accordingly.

...

C29

Application of section restricted (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s. 5, commenced on enactment, as amended (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 7, S.I. No. 544 of 2004.

Extension of limitation period in case of disability.

5. (1) Notwithstanding anything in section 49 (1) (a) of the Principal Act, if, in the case of—

( a) an action of the kind to which section 3 of this Act applies, or

( b) an action under section 48 (1) of the Civil Liability Act, 1961 (being an action where death is caused by wrongful act, neglect or default),

the person having the right to bring the action was under a disability either at the time when that right accrued to him or at the date of his knowledge, the action may be brought at any time before the expiration of [2 years ] from the date when he ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period specified in the said section 3 has expired, but section 49 (1) ( c) of the Principal Act shall apply accordingly.

(2) Subsection (1) of this section shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims.

(3) Notwithstanding section 49 (5) of the Principal Act (inserted by section 13 (8) of the Sale of Goods and Supply of Services Act, 1980), in the case of an action under section 13 (7) of the said Act of 1980, of the kind to which section 3 of this Act applies, subsections (1) and (2) of this section shall have effect as if for the words “three years” there were substituted the words “ two years”.

C30

Application of section extended (7.11.1981) by Malicious Injuries Act 1981 (9/1981), s. 23, commenced as per s. 1.

Limitation of actions.

23. (1) Proceedings under this Act shall not be commenced after the expiration of three years from the date on which the cause of action accrued.

....

(3) Section 49 (1) (which relates to limitation in case of disability) of the Statute of Limitations, 1957, shall apply to a right of action under this Act as if, in paragraph ( a) of that subsection, the reference to that Act were a reference to this Act and for “six years” there were substituted “ three years”.

C31

Application of section modified (1.01.1967) by Succession Act 1965 (27/1965), s. 127, S.I. No. 168 of 1966.

Limitation period in case of disability.

127. Section 49 of the Statute of Limitations, 1957, which extends the periods of limitation fixed by that Act where the person to whom a right of action accrued was under a disability, shall have effect in relation to an action in respect of a claim to the estate of a deceased person or to any share in such estate, whether under a will, on intestacy or as a legal right, as if the period of three years were substituted for the period of six years mentioned in subsection (1) of that section.

Editorial Notes:

E3

Previous affecting provision: subs. (2)(a)(ii) held to be invalid having regard to the provisions of the Constitution in O’Brien v Keogh [1972] I.R. 144; subsection repealed as per F-note above.