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The Limitation (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS

    1. 3.Part II subject to Part IV

    2. 4.Time limit: actions founded on contract, etc.

    3. 5.Time limit: actions on certain loans

    4. 6.Time limit: certain actions founded on tort

    5. 7.Time limit: actions for personal injuries

    6. 8.Time limit: actions in respect of defective products

    7. 9.Time limit: actions under Fatal Accidents (NI) Order 1977

    8. 10.Dependants subject to different time limits

    9. 11.Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual

    10. 12.Overriding time limit for negligence actions not involving personal injuries

    11. 13.Time limit for recovering contribution

    12. 14.Time limit: actions for an account

    13. 15.Time limit: actions founded on instruments under seal etc.

    14. 16.Time limit: actions upon judgments and for arrears of interest on judgment debts

    15. 17.Time limit: successive conversions and extinction of title of owner of converted goods

    16. 18.Time limit: theft

    17. 19.Savings (Part II)

  4. PART III ACTIONS TO RECOVER LAND, ACTIONS IN RESPECT OF MORTGAGES OR CHARGES AND CERTAIN OTHER ACTIONS

    1. Actions to recover land

      1. 20.Part III subject to Part IV

      2. 21.Time limit: actions to recover present interests in land

      3. 22.Time limit: actions to recover future interests in land

      4. 23.Cure of defective disentailing assurance

      5. 24.Possession of one co-parcener, etc., not to be possession of others

      6. 25.Administration relates back to death

      7. 26.Extinction of title to land at expiration of time limit

      8. 27.Equitable estates in land and land held on trust

    2. Actions to recover settled chattels

      1. 28.Actions to recover settled chattels

    3. Actions to recover arrears of rentcharges, conventional rents and annuities charged on personal property

      1. 29.Time limit: rentcharges

      2. 30.Time limit: conventional rent

      3. 31.Time limit: annuity charged on personal property

    4. Actions in respect of mortgages and charges

      1. 32.Time limit: incumbrancers claiming sale of land

      2. 33.Extinction of title of mortgagee to mortgaged land at expiration of time limit

      3. 34.Time limit: redemption of land

      4. 35.Extinction of mortgagor’s title at expiration of time limit

      5. 36.Time limit: principal money secured by a charge on land or personal property

      6. 37.Time limit: interest on mortgage etc.

      7. 38.Extinction of right of mortgagee etc. to debt at expiration of time limit for action to recover land etc.

      8. 39.Extinction of right of mortgagee etc. to debt secured by mortgage or charge on personal property at expiration of time limit

      9. 40.Time limit: certain personal rights in or over land

      10. 41.Extinction of personal right in or over land at expiration of time limit

    5. Actions in respect of trust property

      1. 42.Time limit: trustees etc.

      2. 43.Exclusion of actions against trustees in cases of fraud or retention of trust property

    6. Actions in respect of the estates of deceased persons

      1. 44.Time limit: personal estate of deceased persons

      2. 45.Actions against personal representatives

  5. PART IV EXTENSION AND EXCLUSION OF TIME LIMITS

    1. Interpretation

      1. 46.Interpretation (Part IV)

    2. Disability

      1. 47.Persons under a disability

      2. 48.Extension of time limit: disability

      3. 49.Extension of time limit (disability): cases under Article 11(3)(b)

    3. Discretionary Power of Court to Override certain Time Limits

      1. 50.Court’s power to override certain time limits

      2. 51.Discretionary extension of time limit: actions for libel or slander

    4. Acknowledgment

      1. 52.Fresh accrual of acknowledged right: actions to recover land

      2. 53.Fresh accrual of acknowledged right: action by mortgagee to recover land

      3. 54.Fresh accrual of acknowledged right: action by incumbrancer claiming sale of land

      4. 55.Effect of acknowledgment: action to redeem mortgaged land in mortgagee’s possession

      5. 56.Fresh accrual of acknowledged right: action in respect of personal right of support etc. in or over land

      6. 57.Fresh accrual of acknowledged right: action to recover debt

      7. 58.Fresh accrual of acknowledged right: action claiming personal estate of deceased person

      8. 59.Acknowledgments: formalities

      9. 60.Acknowledgment: effect on persons other than maker or recipient

      10. 61.Exemption of acknowledgment from stamp duty

    5. Part payment

      1. 62.Fresh accrual of right on payment: action by mortgagee to recover land

      2. 63.Fresh accrual of right on payment: action by incumbrancer claiming sale of land

      3. 64.Effect of payment: action to redeem mortgaged land in mortgagee’s possession

      4. 65.Fresh accrual of right on payment: action to recover debt

      5. 66.Fresh accrual of right on payment: action claiming personal estate of deceased person

      6. 67.Payment: formalities

      7. 68.Payment: effect on persons other than maker or recipient

      8. 69.Appropriation of payment in respect of debts

      9. 70.Effect of endorsement of bill of exchange

    6. Fraud, concealment and mistake

      1. 71.Postponement of time limit: fraud, concealment or mistake

  6. PART V MISCELLANEOUS AND GENERAL

    1. 72.Application of Order and other limitation provisions to arbitrations

    2. 73.New claims in pending actions

    3. 74.Application to the Crown, etc.

    4. 75.Savings (general)

    5. 76.Transitional provisions, amendments and repeals

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      ACCRUAL OF RIGHTS OF ACTION TO RECOVER LAND

      1. Accrual of right of action: present interests in land

        1. 1.Where the person bringing an action to recover land, or...

        2. 2.Where— (a) any person brings an action to recover any...

        3. 3.Where— (a) any person brings an action to recover land,...

      2. Accrual of right of action: future interests in land

        1. 4.The right of action to recover any land is, where—...

      3. Accrual of right of action: certain tenancies

        1. 5.(1) Subject to paragraph (2), for the purposes of this...

        2. 6.(1) Where— (a) any person is in possession of land...

      4. Accrual of right of action: forfeiture or breach of condition

        1. 7.(1) A right of action to recover land by virtue...

      5. Right of action not to accrue without adverse possession

        1. 8.(1) No right of action to recover land is to...

      6. Settled land and land held on trust for sale: effect of beneficiary’s possession

        1. 9.Where— (a) any settled land, within the meaning of the...

    2. SCHEDULE 2

      TRANSITIONAL PROVISIONS

      1. 1.Nothing in this Order affects the operation of section 10...

      2. 2.It is hereby declared that a decision taken at any...

      3. 3.Notwithstanding anything in Article 59(4) or in the repeals made...

      4. 4.Article 74(2)(c) is to be treated for the purposes of...

      5. 5.In relation to a lease granted before the commencement of...

      6. 6.(1) Nothing in this Order affects any right or title,...

      7. 7.(1) Nothing in this Order— (a) enables any action to...

    3. SCHEDULE 3

      AMENDMENTS

      1. The Carriage by Air Act 1961 (c. 27)

        1. 1.In section 5(3) for “sub-sections (2) and (3) of section...

      2. The Carriage of Goods by Road Act 1965 (c. 37)

        1. 2.In section 7(2)(b) for “sub-sections (2) to (4) of section...

      3. The Agriculture Act 1967 (c. 22)

        1. 3.In Schedule 3, in paragraph 12(d), for “Statute of Limitations...

      4. The Land Registration Act (Northern Ireland) 1970 (c. 18)

        1. 4.In section 53(1) for “the Statute of Limitations (Northern Ireland)...

        2. 5.In paragraph 14 of Schedule 5 for “the Statute of...

      5. The Water and Sewerage Services (Northern Ireland)Order 1973 (NI 2)

        1. 6.In Article 57A(4) for “the Limitation Acts (Northern Ireland) 1958...

      6. The Defective Premises (Northern Ireland) Order 1975 (NI 9)

        1. 7.In Article 3(5) for “the Limitation Acts (Northern Ireland) 1958...

      7. The Animals (Northern Ireland) Order 1976 (NI 13)

        1. 8.In Article 12 for “the Limitation Acts (Northern Ireland) 1958...

      8. The Fair Employment (Northern Ireland) Act 1976 (c. 25)

        1. 9.In section 30(3) for “the Statute of Limitations (Northern Ireland)...

      9. The Rates (Northern Ireland) Order 1977 (NI 28)

        1. 10.In Article 32(8) for “section 8 of the Statute of...

      10. The Merchant Shipping Act 1979 (c. 39)

        1. 11.In paragraph 7 of Part II of Schedule 3 for...

      11. The Administration of Estates (Northern Ireland) Order 1979 (NI 14)

        1. 12.In Article 36(2) for “the Statute of Limitations (Northern Ireland)...

      12. The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

        1. 13.In paragraph 1(b) of Schedule 1 for “the Statute of...

      13. The Merchant Shipping (Liner Conference) Act 1982 (c. 37)

        1. 14.In section 8(4) for “the Statute of Limitations Act (Northern...

        2. 15.In section 8(4)(a) for “section 2” substitute “Article 73”.

        3. 16.In section 8(4)(b) for “section 50(1)” substitute “Article 48(1)”.

      14. The Family Law (Miscellaneous Provisions)(Northern Ireland) Order 1984 (NI 14)

        1. 17.In Article 4(9) for “the Statute of Limitations (Northern Ireland)...

      15. The Foreign Limitation Periods (Northern Ireland) Order 1985 (NI 5)

        1. 18.In Article 2(2) for “the Statute of Limitations (Northern Ireland)...

        2. 19.In Article 3(3) for “section 2” substitute “Article 73” and...

    4. SCHEDULE 4

      REPEALS

  9. Explanatory Note

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