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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This is the original version (as it was originally made).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: actions under Fatal Accidents (NI) Order 1977

9.—(1) This Article has effect subject to Article 50.

(2) An action under the Fatal Accidents (Northern Ireland) Order 1977(1) may 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 Order 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 Article 7 or 8, no account is to be taken of the possibility of that time limit being overridden under Article 50.

(3) An action under the Fatal Accidents (Northern Ireland) Order 1977 may 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,

whichever is the later.

(4) Paragraph (3) does not apply to an action for which a time limit is fixed by any other limitation provision, and Articles 4 to 7 do not apply to an action under the Fatal Accidents (Northern Ireland) Order 1977.

(5) An action under the Fatal Accidents (Northern Ireland) Order 1977 is one to which Articles 48 (extension of time limit: disability) and 73 (new claims in pending actions) apply, but otherwise Parts IV and V do not apply to the action.

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