Limitation (Northern Ireland) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1339 |
1989 No. 1339
NORTHERN IRELAND
The Limitation (Northern Ireland) Order 1989
2ndAugust 1989
3rdOctober 1989
ARRANGEMENT OF ORDER
Article
PART I
INTRODUCTORY
1. Title and commencement.
2. Interpretation.
PART II
ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHERACTIONS
3. Part II subject to Part IV.
4. Time limit: actions founded on contract, etc.
5. Time limit: actions on certain loans.
6. Time limit: certain actions founded on tort.
7. Time limit: actions for personal injuries.
8. Time limit: actions in respect of defective products.
9. Time limit: actions under Fatal Accidents (NI) Order 1977.
10. Dependants subject to different time limits.
11. Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual.
12. Overriding time limit for negligence actions not involving personal injuries.
13. Time limit for recovering contribution.
14. Time limit: actions for an account.
15. Time limit: actions founded on instruments under seal etc.
16. Time limit: actions upon judgments and for arrears of interest on judgment debts.
17. Time limit: successive conversions and extinction of title of owner of converted goods.
18. Time limit: theft.
19. Savings (Part II).
PART III
ACTIONS TO RECOVER LAND, ACTIONS IN RESPECT OFMORTGAGES OR CHARGES AND CERTAIN OTHER ACTIONS
Actions to recover land
20. Part III subject to Part IV.
21. Time limit: actions to recover present interests in land.
22. Time limit: actions to recover future interests in land.
23. Cure of defective disentailing assurance.
24. Possession of one co-parcener, etc., not to be possession of others.
25. Administration relates back to death.
26. Extinction of title to land at expiration of time limit.
27. Equitable estates in land and land held on trust.
Actions to recover settled chattels
28. Actions to recover settled chattels.
Actions to recover arrears of rentcharges, conventional rents and annuities charged on personal property
29. Time limit: rentcharges.
30. Time limit: conventional rent.
31. Time limit: annuity charged on personal property.
Actions in respect of mortgages and charges
32. Time limit: incumbrancers claiming sale of land.
33. Extinction of title of mortgagee to mortgaged land at expiration of time limit.
34. Time limit: redemption of land.
35. Extinction of mortgagor's title at expiration of time limit.
36. Time limit: principal money secured by a charge on land or personal property.
37. Time limit: interest on mortgage etc.
38. Extinction of right of mortgagee etc. to debt at expiration of time limit for action to recover land etc.
39. Extinction of right of mortgagee etc. to debt secured by mortgage or charge on personal property at expiration of time limit.
40. Time limit: certain personal rights in or over land.
41. Extinction of personal right in or over land at expiration of time limit.
Actions in respect of trust property
42. Time limit: trustees etc.
43. Exclusion of actions against trustees in cases of fraud or retention of trust property.
Actions in respect of the estates of deceased persons
44. Time limit: personal estate of deceased persons.
45. Actions against personal representatives.
PART IV
EXTENSION AND EXCLUSION OF TIME LIMITS
Interpretation
46. Interpretation (Part IV).
Disability
47. Persons under a disability.
48. Extension of time limit: disability.
49. Extension of time limit (disability): cases under Article 11(3)(b).
Discretionary Power of Court to Override certain Time limits
50. Court's power to override certain time limits.
51. Discretionary extension of time limit: actions for libel or slander.
Acknowledgment
52. Fresh accrual of acknowledged right: actions to recover land.
53. Fresh accrual of acknowledged right: action by mortgagee to recover land.
54. Fresh accrual of acknowledged right: action by incumbrancer claiming sale of land.
55. Effect of acknowledgment: action to redeem mortgaged land in mortgagee's possession.
56. Fresh accrual of acknowledged right: action in respect of personal right of support etc. in or over land.
57. Fresh accrual of acknowledged right: action to recover debt.
58. Fresh accrual of acknowledged right: action claiming personal estate of deceased person.
59. Acknowledgments: formalities.
60. Acknowledgment: effect on persons other than maker or recipient.
61. Exemption of acknowledgment from stamp duty.
Part payment
62. Fresh accrual of right on payment: action by mortgagee to recover land.
63. Fresh accrual of right on payment: action by incumbrancer claiming sale of land.
64. Effect of payment: action to redeem mortgaged land in mortgagee's possession.
65. Fresh accrual of right on payment: action to recover debt.
66. Fresh accrual of right on payment: action claiming personal estate of deceased person.
67. Payment: formalities.
68. Payment: effect on persons other than maker or recipient.
69. Appropriation of payment in respect of debts.
70. Effect of endorsement of bill of exchange.
Fraud, concealment and mistake
71. Postponement of time limit: fraud, concealment or mistake.
PART V
MISCELLANEOUS AND GENERAL
72. Application of Order and other limitation provisions to arbitrations.
73. New claims in pending actions.
74. Application to the Crown, etc.
75. Savings (general).
76. Transitional provisions, amendments and repeals.
Schedule 1-Accrual of rights of action to recover land.
Schedule 2-Transitional provisions.
Schedule 3-Amendments.
Schedule 4-Repeals.
FIELD:61
At the Court at Buckingham Palace, the 2nd day of August 1989
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 (a)and of all other powers enabling Her in that behalf, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:-
PART I
INTRODUCTORY
Title and commencement
1.-(1) This Order may be cited as the Limitation (Northern Ireland) Order 1989.
(2) This Order comes into operation on the expiration of two months from the date on which it is made.
Interpretation
2.-(1) The Interpretation Act (Northern Ireland) 1954 ( b) applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order-
"action" includes any proceeding (other than a criminal proceeding) in a court established by law;
"action to recover land" includes-
(a) an action claiming a declaration of title to land;(b) proceedings by a mortgagee for the delivery of possession of land by a mortgagor;(c) proceedings, under paragraph 5 of Schedule 7 to the Land Registration Act (Northern Ireland) 1970 (c) , by a person who is the registered owner of a charge on registered land for possession of the land;"arbitration agreement" has the same meaning as in the Arbitration Act (Northern Ireland) 1937 (d) ;
"conventional rent" means a rent payable under a lease or other contract of tenancy (whether in writing or not and whether express or implied) and includes the rent payable by a tenant within the meaning of the Rent (Northern Ireland) Order 1978 (e) , but does not include a fee farm rent payable under a grant which creates the relationship of landlord and tenant;
"foreshore" means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or any such river or estuary;
"land" includes corporeal hereditaments and rentcharges, and an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;
"mortgage" includes an equitable mortgage;
"other limitation provision" means any statutory provision (other than this Order) in force after the commencement of this Order with respect to the limitation of actions (including paragraphs (3) to (5) of Article 2 and Articles 3 and 4 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (f) );
"personal estate" does not include chattels real;
"personal injuries" includes any disease and any impairment of a person's physical or mental condition, and "injury" and cognate expressions are to be construed accordingly;
"personal property" does not include chattels real;
"personal representative" means the executor, original or by representation, or the administrator of a deceased person;
"rentcharge" means any annuity or periodic sum of money charged upon or payable out of land, and includes-
(a) any annual or periodic sum payable to the Department of Agriculture-(i) under the Land Purchase Acts;(ii) in respect of any annuity in repayment of an instalment mortgage payable into a fund which was apportioned to the Government of Northern Ireland by section 31 of the Government of Ireland Act 1920 (g) (which relates to the Church Temporalities Fund); and (b) any periodic sum payable to the Crown Estate Commissioners under the Crown Estate Act 1961 (h) , being- (i) a Crown rent; or(ii) a quit rent; or(iii) a composition rent; or(iv) any other rentcharge; and(c) a fee farm rent, whether the grant under which it arises does or does nor create the relationship of landlord and tenant;but does not include-
(d) a conventional rent; or(e) interest on a mortgage or charge on land;"Statute of Limitations" means the Statute of Limitations (Northern Ireland) 1958 (i) ;
"statutory provision" has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (j) ;
(3) In this Order "trustee" does not include-
(a) a person whose fiduciary relationship arises merely by construction or implication of law and whose fiduciary relationship is not treated by any rule of law as that of an express trustee; orTo continue reading
Request your trial