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The Limitation (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Time limit: theft

18.—(1) The right of any person from whom a chattel is stolen to bring an action in respect of the theft—

(a)is not subject to the time limits under Articles 6(1) and 17(1), but

(b)if his title to the chattel is extinguished under Article 17(2), he may not bring an action in respect of a theft preceding the loss of his title, unless the theft in question preceded the conversion from which time began to run for the purposes of Article 17(2).

(2) Paragraph (1) applies to any conversion related to the theft of a chattel as it applies to the theft of a chattel; and, except as provided below, every conversion following the theft of a chattel before the person from whom it is stolen recovers possession of it is to be treated for the purposes of this Article as related to the theft. If anyone purchases the stolen chattel in good faith neither the purchase nor any conversion following it is to be treated as related to the theft.

(3) Any cause of action accruing in respect of the theft or any conversion related to the theft of a chattel to any person from whom the chattel is stolen is to be disregarded for the purpose of applying Article 17(1) or (2) to his case.

(4) Where, in any action brought in respect of the conversion of a chattel, it is proved that the chattel was stolen from the plaintiff or anyone through whom he claims, it is to be presumed that any conversion following the theft is related to the theft unless the contrary is shown.

(5) In this Article “theft” includes—

(a)any conduct outside Northern Ireland which would be theft if committed in Northern Ireland; and

(b)obtaining any chattel (in Northern Ireland or elsewhere) in the circumstances described in section 15(1) of the Theft Act (Northern Ireland) 1969(1) (obtaining by deception) or by blackmail within the meaning of section 20 of that Act;

and references in this Article to a chattel being “stolen” are to be construed accordingly.

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