STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958

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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9A



9A.(1) This section applies to any action for damages for negligence, nuisance
or breach of duty (whether the duty exists by virtue of a contract or of
provision made by or under a statute or independently of any contract or any
such provision) where the damages claimed by the plaintiff for the negligence,
nuisance or breach of duty consist of or include damages in respect of
personal injuries to the plaintiff or any other person.

(2) Sections 8 and 9 shall not apply to an action to which this section
applies.

(3) Subject to section 9D, an action to which this section applies shall not
be brought after the expiration of the period specified in sub-sections (4)
and (5).

(4) Except where sub-section (5) applies, the said period is three years from

(a)the date on which the cause of action accrued, or

(b)the date (if later) of the plaintiff's knowledge.

(5) If the person injured dies before the expiration of the period in
sub-section (4), the period as respects the cause of action surviving for the
benefit of the estate of the deceased by virtue of section 14 of the Law
Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 shall be
three years from

(a)the date of death, or

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

(6) In this section, and in section 9B, references to a person's date of
knowledge are references to the date on which he first had knowledge of the
following facts

(a)that the injury in question was significant, and

(b)that that injury was attributable in whole or in part to the act or
omission which is alleged to constitute negligence, nuisance or breach of
duty, and

(c)the identity of the defendant, and

(d)if it is alleged that the act or omission was that of a person other than
the defendant, the identity of that person and the additional facts supporting
the bringing of an action against the defendant,

(7) For the purposes of this section an injury is significant if the plaintiff
would reasonably have considered it sufficiently serious to justify his
instituting proceedings for damages against a defendant who did not dispute
liability and was able to satisfy a judgment.

(8) For the purposes of this section and section 9B a person's knowledge
includes knowledge which he might reasonably have been expected to acquire

(a)from facts observable or ascertainable by him, or

(b)from facts ascertainable by him with the help of medical or other
appropriate expert advice which it is reasonable for him to seek,

(9) For the purposes of this section "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 regard shall be had to any knowledge acquired by any such person
while a personal representative or previously.

(10) If there is more than one personal representative and their dates of
knowledge are different, sub-section (5)(b) shall be read as referring to the
earliest of those dates.][

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Northern Irish Legislation

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9A