STATUTE OF LIMITATIONS (AMENDMENT) ACT 1991

Period of limitation in cases of fatal injuries.

6

6. (1) An action under section 48 (1) of the Civil Liability Act, 1961, shall not be brought after the expiration of F8 [ 2 years ] from—

( a) the date of death, or

( b) the date of knowledge of the person for whose benefit the action is brought,

whichever is the later.

(2) Where there is more than one person for whose benefit an action under section 48 (1) of the Civil Liability Act, 1961, is brought, subsection (1) (b) of this section shall be applied separately to each of them.

(3) If, by virtue of subsection (2) of this section, the action would be outside the time limit applicable by virtue of subsection (1) of this section as regards one or more, but not all, of the persons for whose benefit it is brought, the court shall direct that any person as regards whom the action would be outside that limit shall be excluded from those for whom the action is brought.

(4) The court shall not give such a direction if it is shown that if the action were brought exclusively for the benefit of the person in question it would not be defeated by a defence of limitation, whether in consequence of section 5 of this Act or of an agreement between the parties not to raise the defence or otherwise.

(5) Section 48 (6) of the Civil Liability Act, 1961, is hereby repealed.

Annotations:

Amendments:

F8

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

F9

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

F10

Inserted by Legal Services Regulation Act 2015 (65/2015), s. 221(1)(d)(ii), not commenced as of date of review, subject to transitional provision in subs. (2).

Modifications (not altering text):

C11

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

6. (1) An action under section 48 (1) of the Civil Liability Act, 1961, shall not be brought after the expiration of F9 [ the relevant period ] from—

( a) the date of death, or

( b) the date of knowledge of the person for whose benefit the action is brought,

whichever is the later.

...

F10 [ (1A) In subsection (1) the relevant period means

(a) in the case of a clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act 2004, 3 years, and

(b) otherwise, 2 years. ]