STATUTE OF LIMITATIONS (AMENDMENT) ACT 1991

Survival of causes of action to which section 3 applies.

4

4. (1) If an injured person to whom section 3 of this Act applies dies before the expiration of the period specified in that section, any action that may be brought for the benefit of his estate in respect of a cause of action to which that section applies by virtue of section 7 of the Civil Liability Act, 1961, may be brought at any time before the expiration of F3 [ 2 years ] from—

( a) the date of death, or

( b) the date of the personal representative's knowledge,

whichever is the later.

(2) For the purposes of this section—

( a) personal representative” includes any person who is or has been a personal representative of the deceased, including an executor who has not proved the will (whether or not he has renounced probate), and

( b) where a person acquires knowledge of the injury before his appointment as personal representative of the deceased, the date of knowledge of that person shall be taken to be the date of his appointment as personal representative.

(3) If there is more than one personal representative and their dates of knowledge are different, subsection (1) (b) of this section shall be construed as referring to the earliest of those dates.

Annotations:

Amendments:

F3

Substituted (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 7(b), S.I. No. 544 of 2004, subject to transitional provisions in s. 6.

F4

Substituted by Legal Services Regulation Act 2015 (65/2015), s. 221(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C9

Prospective affecting provision: subs. (1) amended by Legal Services Regulation Act 2015 (65/2015), s. 221(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

4. (1) If an injured person to whom section 3 of this Act applies dies before the expiration of the period specified in that section, any action that may be brought for the benefit of his estate in respect of a cause of action to which that section applies by virtue of section 7 of the Civil Liability Act, 1961, may be brought at any time before the expiration of F4 [ the period so specified ] from—

( a) the date of death, or

( b) the date of the personal representative's knowledge,

whichever is the later.