STATUTE OF LIMITATIONS (AMENDMENT) ACT 1991

Extension of limitation period in case of disability.

5

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 F5 [ 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”.

(4) Section 49 (2) of the Principal Act is hereby repealed.

Annotations:

Amendments:

F5

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

F6

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

Modifications (not altering text):

C10

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

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 F6 [ 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.