STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 9D Court's power to override time limits.

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

Court's power to override time limits.

9D.(1) If it appears to the court that it would be equitable to allow an
action to proceed having regard to the degree to which

(a)the provisions of section 9A or 9B prejudice the plaintiff or any person
whom he represents, and

(b)any decision of the court under this sub-section would prejudice the
defendant or any person whom he represents,

(2) The court shall not under this section disapply section 9B(2) except where
the reason why the person injured could no longer maintain an action was
because of the time limit in section 9A.

(3) In acting under this section the court shall have regard to all the
circumstances of the case and in particular to

(a)the length of, and the reasons for, the delay on the part of the plaintiff;

(b)the extent to which, having regard to the delay, the evidence adduced or
likely to be adduced by the plaintiff or the defendant is or is likely to be
less cogent than if the action had been brought within the time allowed by
section 9A or as the case may be 9B;

(c)the conduct of the defendant after the cause of action arose, including the
extent if any to which he responded to requests reasonably made by the
plaintiff for information or inspection for the purpose of ascertaining facts
which were or might be relevant to the plaintiff's cause of action against the
defendant;

(d)the duration of any disability of the plaintiff arising after the date of
the accrual of the cause of action;

(e)the extent to which the plaintiff acted promptly and reasonably once he
knew whether or not the act or omission of the defendant, to which the injury
was attributable, might be capable at that time of giving rise to an action
for damages;

(f)the steps, if any, taken by the plaintiff to obtain medical, legal or other
expert advice and the nature of any such advice he may have received.

(4) In a case where the person injured died when, because of section 9A, he
could no longer maintain an action and recover damages in respect of the
injury, the court shall have regard in particular to the length of, and the
reasons for, the delay on the part of the deceased.

(5) In a case under sub-section (4), or any other case where the time limit,
or one of the time limits, depends on the date of knowledge of a person other
than the plaintiff, sub-section (3) shall have effect with appropriate
modifications, and shall have effect in particular as if references to the
plaintiff included references to any person whose date of knowledge is or was
relevant in determining a time limit.

(6) A direction by the court disapplying the provisions of section 9B(2) shall
operate to disapply the provisions to the same effect in [Article 3(1) of the
Fatal Accidents (Northern Ireland) Order 1977].

(7) In this section "the court" means the court in which the action has been
brought.

(8) References in this section to sections 9A and 9B include references to
those sections as extended by any other provision of this Act.][

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Northern Irish Legislation

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