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The Limitation (Northern Ireland) Order 1989


This is the original version (as it was originally made).

Dependants subject to different time limits

10.—(1) This Article applies where there is more than one person for whose benefit an action under the Fatal Accidents (Northern Ireland) Order 1977 is brought.

(2) Article 9(3)(b) is to be applied separately to each of them, and if that would debar one or more of them, but not all, the court must direct that any person who would be so debarred is to be excluded from those for whom the action is brought unless it is shown that if the action were brought exclusively for the benefit of that person it would not be defeated by a defence of limitation (whether in consequence of Article 48 (extension of time limit: disability), or an agreement between the parties not to raise the defence, or otherwise).

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