§ 4.40 p.m.
§ The MINISTER of STATE, DEPARTMENT of EDUCATION and SCIENCE (Lord Donaldson of Kingsbridge) rose to move, That the draft Limitation (Northern Ireland) Order 1976, laid before the House on 24th June, be approved. The noble Lord said: My Lords, the purpose of this order is to amend the Limitation Acts (Northern Ireland) 1958 and 1964. It extends from 12 months to three years the limitation period within which an injured person may institute proceedings for personal injury. The period starts from the plaintiff's "date of knowledge" of the facts on which his action is based. The most likely application of this change is in relation to insidious industrial diseases which may not be easily identifiable at the outset. It places the dependants of an injured person, who sue after his death under Section 14 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 or the Fatal Accidents Act 1846, in the same position as the injured person himself would have been; that is, it enables them to sue within three years of their own "date of knowledge".
§ To resolve the difference of view in the decided cases on what determines the plaintiff's "date of knowledge", it redefines the test for ascertaining the "date of knowledge" so that it applies only to knowledge of facts, not of law. It confers on the court a discretion, exercisable in accordance with guidelines given in the order, to extend the limitation period in any case where it would be fair as between plaintiff and defendant to do so, and removes the existing obligation to make a separate preliminary application to the court for leave to bring the action outside the limitation period. It further abolishes the rule under which time runs against a person under disability while he is in the custody of a parent.
§ These Amendments will bring the law in Northern Ireland on limitation of actions in personal injury cases into line with that in England and Wales. The order will bring into one place the limitation codes applying to personal 471 injury and fatal accident cases by repealing the relevant provisions of the Fatal Accidents Act 1846, the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1954 and the Limitation Act (Northern Ireland) 1964, and replacing them with four new sections inserted into the Statute of Limitations (Northern Ireland) 1958.
§ Before being laid before Parliament, the draft order was published and comment invited. In particular, the explanatory document was widely circulated to interested parties, including the Incorporated Law Society of Northern Ireland. No adverse comments were received. I shall, of course, be glad to give further details on particular points which noble Lords may wish to raise. My Lords, I beg to move.
§ Moved, That the draft Limitation (Northern Ireland) Order 1976, laid before the House on 24th June, be approved.—(Lord Donaldson of Kingsbridge.)
§ On Question, Motion agreed to.