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

Time limit for actions under Fatal Accidents (NI) Order.

9B.(1) This section has effect subject to section 9D.

(2) An action under [the Fatal Accidents (Northern Ireland) Order 1977] shall
not be brought if the death occurred when the person injured could no longer
maintain an action and recover damages in respect of the injury (whether
because of a time limit in this Act or in any other statutory provision, or
any other reason).

Where any such action by the injured person would have been barred by the time
limit in section 9A, no account shall be taken of the possibility of that time
limit being overridden under section 9D.

(3) An action under [the Fatal Accidents (Northern Ireland) Order 1977] shall
not be brought after the expiration of three years from

(a)the date of death, or

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

(4) Sub-section (3) shall not apply to an action for which a period of
limitation is prescribed by any other limitation provision, and sections 8 to
9A shall not apply to an action under [the Fatal Accidents (Northern Ireland)
Order 1977.]

(5) An action under [the Fatal Accidents (Northern Ireland) Order 1977] shall
be one to which sections 49 and 50 (persons under disability) apply, but
otherwise Parts I, IV and V shall not apply to the action.][

© 1958 Crown Copyright

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