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Statutory Instrument 1989 No. 1339 (N.I. 11)

The Limitation (Northern Ireland) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1339 (N.I. 11)

NORTHERN IRELAND

The Limitation (Northern Ireland) Order 1989

Made2nd August 1989
Coming into operation3rd October 1989


ARRANGEMENT OF ORDER

Article
PART I
INTRODUCTORY
1. Title and commencement.
2. Interpretation.
PART II
ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS
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 OF MORTGAGES 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.

SCHEDULES:

 Schedule 1— Accrual of rights of action to recover land.

 Schedule 2— Transitional provisions.

 Schedule 3— Amendments.

 Schedule 4— Repeals.

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