Civil Liability Act 1961

Time limit in respect of causes of action which survive against estate of deceased person.

9

9. (1) In this section “ the relevant period” means the period of limitation prescribed by the Statute of Limitations or any other limitation enactment.

(2) No proceedings shall be maintainable in respect of any cause of action whatsoever which has survived against the estate of a deceased person unless either—

( a) proceedings against him in respect of that cause of action were commenced within the relevant period and were pending at the date of his death, or

( b) proceedings are commenced in respect of that cause of action within the relevant period or within the period of two years after his death, whichever period first expires.

Annotations:

Modifications (not altering text):

C5

Section applied with modifications (24.07.2013) by Land and Conveyancing Law Reform Act 2013 (30/2013), s. 4, commenced on enactment.

Provision in respect of certain proceedings

4.—(1) Where after the coming into operation of this section a mortgagee commences proceedings seeking possession of land in which they rely upon the statutory provisions or the amended provisions, the proceedings shall be deemed to be commenced within time for the purposes of section 9 of the Civil Liability Act 1961 where the conditions specified in subsection (2) are met.

...

C6

Application of subs. (2) restricted by Personal Injuries Assessment Board Act 2003 (46/2003), ss. 12 and 50, as substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 56(1)(c) and (d), commenced on enactment.

[Bar on bringing proceedings unless certain conditions are satisfied.

12.— ...

(5) The issuing of a notice of motion or the moving of a motion for the purposes of an application referred to in subsection (4) shall not be regarded as the commencement of proceedings in respect of the relevant claim for the purposes of any applicable limitation period in relation to such claim (including any limitation period under the Statute of Limitations 1957, section 9(2) of the Civil Liability Act 1961, the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound). ]

...

[Reckoning of time for purpose of Statute of Limitations, etc.

50.— In reckoning any period of time for the purpose of any applicable limitation period in relation to a relevant claim (including any limitation period under the Statute of Limitations 1957, section 9(2) of the Civil Liability Act 1961, the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound), the period beginning on the making of an application under section 11 in relation to the claim and ending 6 months from the date of issue of an authorisation under, as appropriate, section 14, 17, 32, or 36, rules under section 46(3) or section 49 shall be disregarded. ]

C7

Application of section restricted (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 341(4), S.I. No. 923 of 2005.

Recovery of sums due by civil proceedings or by deduction from other payments.

341.— ...

(4) Section 9 of the Civil Liability Act 1961 shall not apply to an action for the recovery of a debt due to the Minister or to the State under this Act.

C8

Application of section restricted (16.12.1991) by Liability For Defective Products Act 1991 (28/1991), s. 7(3), S.I. No. 316 of 1991.

Limitation of actions.

7. ...

(3) Sections 9 and 48 (6) of the Civil Liability Act, 1961, shall not apply to an action for the recovery of damages under this Act.

Editorial Notes:

E1

Previous affecting provisions: application of section restricted by Social Welfare (Consolidation) Act 1993 (27/1993), s. 281(3A) as inserted (3.04.1996) by Social Welfare Act 1996 (7/1996), s. 41(b), repealed (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 360 and sch. 7, S.I. No. 923 of 2005.