Search Legislation

The Foreign Limitation Periods (Northern Ireland) Order 1985

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Foreign Limitation Periods (Northern Ireland) Order 1985. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Title and commencementN.I.

1.—(1) This Order may be cited as the Foreign Limitation Periods (Northern Ireland) Order 1985.

(2) This Order shall come into operation on the expiration of three months from the date on which it is made.

InterpretationN.I.

2.—(1) The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “the Statute of Limitations” means[F1 the Limitation (Northern Ireland) Order 1989]

(3) Subject to paragraph (5), references in this Order to the law of any country (including Northern Ireland) relating to limitation shall, in relation to any matter, be construed as references to so much of the relevant law of that country as (in any manner) makes provision with respect to a limitation period applicable to the brining of proceedings in respect of that matter in the courts of that country and shall include—

(a)references to so much of that law as relates to, and to the effect of, the application, extension, reduction or interruption of that period; and

(b)a reference, where under that law there is no limitation period which is so applicable, to the rule that such proceedings may be brought within an indefinite period.

(4) In paragraph (3) “relevant law”, in relation to any country, means the procedural and substantive law applicable, apart from any rules of private international law, by the courts of that country.

(5) References in this Order to the law of Northern Ireland relating to limitation shall not include the rules by virtue of which a court may, in the exercise of any discretion, refuse equitable relief on the grounds of acquiescence or otherwise; but, in applying those rules to a case in relation to which the law of any country outside Northern Ireland is applicable by virtue of Article (3)(1)(a) (not being a law that provides for a limitation period that has expired), a court in Northern Ireland shall have regard, in particular, to the provisions of the law that is so applicable.

(6) References in this Order to the Crown shall be construed in accordance with section 4(2) of the Statute of Limitations (which provides, amongst other things, for references to the Crown to include references to government departments and their officers).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F11989 NI 11

Application of foreign limitation lawN.I.

3.—(1) Subject to the following provisions of this Order, where in any action or proceedings in a court in Northern Ireland the law of any other country falls (in accordance with rules of private international law applicable by any such court) to be taken into account in the determination of any matter—

(a)the law of that other country relating to limitation shall apply in respect of that matter for the purposes of the action or proceedings; and

(b)except where that matter falls within paragraph (2), the law of Northern Ireland relating to limitation shall not so apply.

(2) A matter falls within this paragraph if it is a matter in the determination of which both the law of Northern Ireland and the law of some other country fall to be taken into account.

(3) The law of Northern Ireland shall determine for the purposes of any law applicable by virtue of paragraph (1)(a) whether, and the time at which, proceedings have been commenced in respect of any matter; and accordingly[F2 Article 73] of[F2 the Limitation (Northern Ireland) Order 1989] (new claims in pending proceedings) shall apply in relation to time limits applicable by virtue of paragraph (1)(a) as it applies in relation to time limits under[F2 the Limitation (Northern Ireland) Order 1989].

(4) A court in Northern Ireland, in exercising in pursuance of paragraph (1)(a) any discretion conferred by the law of any other country, shall so far as practicable exercise that discretion in the manner in which it is exercised in comparable cases by the courts of that other country.

(5) In this Article “law”, in relation to any country, shall not include rules of private international law applicable by the courts of that country, or in the case of Northern Ireland, this Order.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F21989 NI 11

Exceptions to Article 3N.I.

4.—(1) In any case in which the application of Article 3 would to any extent conflict (whether under paragraph (2) or otherwise) with public policy, that Article shall not apply to the extent that its application would so conflict.

(2) The application of Article 3 in relation to any action or proceedings shall conflict with public policy to the extent that its application would cause undue hardship to a person who is, or might be made, a party to the action or proceedings.

(3) Where, under a law applicable by virtue of Article 3(1)(a) for the purposes of any action or proceedings, a limitation period is or may be extended or interrupted in respect of the absence of a party to the action or proceedings from any specified jurisdiction or country, so much of that law as provides for the extension or interruption shall be disregarded for those purposes.

(4) In the [1945 c. 16 (8 & 9 Geo. 6)] Limitation (Enemies and War Prisoners) Act 1945 (which in relation to cases involving enemy aliens and war prisoners extends certain limitation periods), in section 5 (meaning of expression “statute of limitation” in the application of the Act to Northern Ireland), after the word “means” there shall be inserted “ (a) ” and after the words “required to be brought” there shall be added the words

and—

(b)in a case to which Article 3(1) of the Foreign Limitation Periods (Northern Ireland) Order 1985 applies, so much of the law of any country outside Northern Ireland as applies by virtue of that Order; .

Foreign judgements on limitation pointsN.I.

5.  Where a court in any country outside Northern Ireland has determined any matter wholly or partly by reference to the law of that or any other country (including Northern Ireland) relating to limitation, then, for the purposes of the law relating to the effect to be given in Northern Ireland to that determination, that court shall, to the extent that it has so determined the matter, be deemed to have determined it on its merits.

Art. 6 rep. by 1989 NI 11

Application to the CrownN.I.

7.  This Order applies in relation to any action or proceedings by or against the Crown as it applies in relation to actions and proceedings to which the Crown is not a party.

Transitional provisionsN.I.

8.—(1) Nothing in this Order shall affect any action, proceedings or arbitration commenced in Northern Ireland before the commencement of this Order.

(2) Nothing in this Order shall apply in relation to any matter if the limitation period which, apart from this Order, would have been applied in respect of that matter in Northern Ireland expired before the commencement of this Order.

[F3Disapplication where [F4the law applicable to limitation is determined by other instruments]N.I.

9.(1) Where in proceedings in Northern Ireland the law of a country other than Northern Ireland falls to be taken into account in the determination of any matter by virtue of any choice of law rule contained in [F5the Rome I Regulation] the Rome II Regulation, Article 2 (3), (4) and (5) and Articles 3 and 4 above shall not apply in respect of that matter.

[F6(1A) In paragraph (1) the “Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).]

(2) In paragraph (1) the “Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations, including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources