STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 50 Extension of limitation period in case of disability.

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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 50

Extension of limitation period in case of disability.

50.(1) 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.

(2) Sub-section (1) 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) 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.

(4) None of the following actions

(a)an action to recover land or money charged on land;

(b)an action by an incumbrancer claiming sale of land;

(c)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;

(5) 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.

[(6) In the case of an action to which section 9A or 9B(3) applies,
sub-section (1) shall have effect as if for the words "six years" there were
substituted the words "three years".]

Subs.(7) rep. by 1976 NI 18 art.6(2) sch.2

(8) In the case of an action for damages for slander, sub-section (1) shall
have effect as if for the words "six years" there were substituted the words
"three years".

[(9) In the case of an action to recover an amount recoverable [under section
1 of the Civil Liability (Contribution) Act 1978], sub-section (1) shall have
effect as if for the words "six years" there were substituted the words "two
years".]

(10) In the case of 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, sub-section (1) shall have effect as
if for the words "six years" there were substituted the words "two years".

Fresh accrual of right of action on acknowledgment in case of actions to
recover land.

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Northern Irish Legislation

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 50