Statute of Limitations (Amendment) Act, 1991

Period of limitation in cases of fatal injuries.

6.—(1) An action under section 48 (1) of the Civil Liability Act, 1961 , shall 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.

(2) Where there is more than one person for whose benefit an action under section 48 (1) of the Civil Liability Act, 1961 , is brought, subsection (1) (b) of this section shall be applied separately to each of them.

(3) If, by virtue of subsection (2) of this section, the action would be outside the time limit applicable by virtue of subsection (1) of this section as regards one or more, but not all, of the persons for whose benefit it is brought, the court shall direct that any person as regards whom the action would be outside that limit shall be excluded from those for whom the action is brought.

(4) The court shall not give such a direction if it is shown that if the action were brought exclusively for the benefit of the person in question it would not be defeated by a defence of limitation, whether in consequence of section 5 of this Act or of an agreement between the parties not to raise the defence or otherwise.

(5) Section 48 (6) of the Civil Liability Act, 1961 , is hereby repealed.