The Limitation (Northern Ireland) Order 1989

PART V MISCELLANEOUS AND GENERAL

Application of Order and other limitation provisions to arbitrations

72.—(1) This Order and any other limitation provision apply to arbitrations as they apply to actions.

(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action is to accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, a cause of action is, for the purposes of this Order and of any other limitation provision (whether in their application to arbitrations or to other proceedings), to be treated as having accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.

(3) For the purposes of this Order and of any other limitation provision, an arbitration is to be treated as being commenced when—

(a) one party to the arbitration serves on the other party or parties a written notice requiring him or them to appoint or concur in appointing an arbitrator, or

(b) where the arbitration provides that the reference is to be to a person named or designated in the agreement, when one party to the arbitration serves on the other party or parties a notice requiring him or them to submit the dispute to the person so named or designated.

(4) A notice under paragraph (2) may be served in any manner specified in section 24 of the Interpretation Act (Northern Ireland) 1954(1) as well as in any other manner provided for in the arbitration agreement.

(5) Where the High Court—

(a) orders that an award be set aside; or

(b) after the commencement of an arbitration, orders that the arbitration agreement is to cease to have effect with respect to the dispute referred,

the Court may further order that the period between the commencement of the arbitration and the date of the order of the Court is to be excluded in computing the time limit fixed by this Order or any other limitation provision for the commencement of proceedings (including arbitration) with respect to the dispute referred.

(6) For the purposes of any case to which Article 3 of the Foreign Limitation Periods (Northern Ireland) Order 1985(2) applies, the reference in paragraph (4) to the time fixed by a limitation provision applies is a reference to the time limit (if any) applicable by virtue of that Article.

(7) This Part applies to an arbitration under a statutory provision as well as to an arbitration pursuant to an arbitration agreement, and paragraphs (2) and (3) have effect, in relation to an arbitration under a statutory provision, as if for the references to the arbitration agreement there were substituted references to such of the provisions of the statutory provision or of any order, scheme, rules, regulations or bye-laws made thereunder as relate to the arbitration.

New claims in pending actions

73.—(1) For the purposes of this Order, any new claim made in the course of any action is to be treated as a separate action and as having been commenced—

(a) if it is a new claim made in or by way of third party proceedings, on the date on which those proceedings were commenced; and

(b) in relation to any other new claim, on the same date as the original action.

(2) Except as provided by Article 50, by rules of court, or by county court rules, neither the High Court nor any county court may allow a new claim within paragraph (1)(b), other than an original set-off or counterclaim, to be made in the course of any action after the expiry of any time limit under this Order which would affect a new action to enforce that claim. For the purposes of this paragraph, a claim is an original set-off or an original counterclaim if it is a claim made by way of set-off or (as the case may be) by way of counterclaim by a party who has not previously made any claim in the action.

(3) Rules of court and county court rules may provide for allowing a new claim to which paragraph (2) applies to be made as there mentioned, but only if the conditions specified in paragraph (4) are satisfied, and subject to any further restrictions the rules may impose.

(4) The conditions referred to in paragraph (3) are the following—

(a) as respects a claim involving a new cause of action, if the new cause of action arises out of the same facts or substantially the same facts as are already in issue on any claim previously made in the original action; and

(b) as respects a claim involving a new party, if the addition or substitution of the new party is necessary for the determination of the original action.

(5) The addition or substitution of a new party is not to be treated for the purposes of paragraph (4)(b) as necessary for the determination of the original action unless either—

(a) the new party is substituted for a party whose name was given in any claim made in the original action in mistake for the new party’s name; or

(b) any claim already made in the original action cannot be maintained by or against an existing party unless the new party is joined or substituted as plaintiff or defendant in that action.

(6) Subject to paragraph (3), rules of court and county court rules may provide for allowing a party to any action to claim relief in a new capacity in respect of a new cause of action notwithstanding that he had no title to make that claim at the date of the commencement of the action. This paragraph does not prejudice the power of rules of court to provide for allowing a party to claim relief in a new capacity without adding or substituting a new cause of action.

(7) Paragraphs (2) to (6) apply in relation to a new claim made in the course of third party proceedings as if those proceedings were the original action, and subject to such other modifications as may be prescribed by rules of court or county court rules.

(8) In this Article—

“new claim” means any claim by way of set-off or counterclaim, and any claim involving either—

(a)

the addition or substitution of a new cause of action; or

(b)

the addition or substitution of a new party;

“third party proceedings” means any proceedings brought in the course of any action by any party to the action against a person not previously a party to the action, other than proceedings brought by joining any such person as defendant to any claim already made in the original action by the party bringing the proceedings.

Application to the Crown, etc.

74.—(1) Except as otherwise expressly provided in this Order and subject to paragraph (2), this Order applies to actions by or against the Crown in like manner as it applies to actions between subjects, and accordingly binds the Crown to the full extent authorised by the constitutional laws of Northern Ireland.

(2) Notwithstanding paragraph (1), this Order does not apply to any proceedings by the Crown—

(a) for the recovery of any tax or duty or interest thereon of any fine or penalty due in connection with any tax or duty; or

(b) for a forfeiture under any statutory provision; or

(c) in respect of the forfeiture of a ship or any interest in a ship.

(3) References in this Order to actions by or against the Crown include references to actions by or (as the case may be) against—

(a) Her Majesty in right of the Crown or of the Duchy of Lancaster or of the Duchy of Cornwall or the Duke of Cornwall for the time being;

(b) the Crown in right of Her Majesty’s Government in the United Kingdom or in right of her Majesty’s Government in Northern Ireland;

(c) any Minister, Head of a department, officer or other person acting on behalf of the Crown whether in right of Her Majesty’s Government in the United Kingdom or in right of Her Majesty’s Government in Northern Ireland; or

(d) any department of either such Government and any officer or other person acting on behalf of any such department.

(4) Nothing in this Order affects the prerogative right of Her Majesty to any gold or silver mine.

(5) In this Article “ship” includes every description of vessel used in navigation not propelled by oars.

Savings (general)

75.—(1) Nothing in this Order affects any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

(2) This Order does not apply—

(a) to any action or arbitration for which a time limit is fixed by any other statutory provision; or

(b) to any action or arbitration to which the Crown is a party and for which, if it were between subjects, a time limit would be fixed by any other statutory provision.

(3) Nothing in this Order operates to prescribe the period within which a criminal proceeding must be instituted.

Transitional provisions, amendments and repeals

76.—(1) Schedule 2 (transitional provisions) has effect.

(2) The enactments set out in Schedule 3 have effect subject to the amendments specified in that Schedule.

(3) The enactments set out in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.

(1)

1954 c. 33 (N.I.)

(2)

1985 NI 5