CAP. 22
(b)
Limitation of Actions
[Rev. 2012]
to fulfil the requirements of section 27(2) of this Act in relation to that
cause of action,
and it also appears to the court that, until after the commencement of that action, it
was outside the knowledge (actual or constructive) of the plaintiff that the matters
constituting that cause of action had occurred on such a date as (apart from section
27 of this Act) to afford a defence under section 4(2) of this Act.
(4) In this section, “relevant action” in relation to an application for the leave
of the court, means any action in connexion with which the leave sought by the
application is required.
(5) In this section and in section 27 of this Act “court”, in relation to an action,
means the court in which the action has been or is intended to be brought.
29. Provision where injured person has died
(1) In relation to an action to which section 27 of this Act applies, being an
action in respect of one or more causes of action surviving for the benefit of the
estate of a deceased person by virtue of section 2 of the Law Reform Act (Cap.
26), section 27 of this Act and section 28 of this Act shall have effect subject to
subsections (4) and (5) of this section.
(2) Subsections (1), (2) and (3) of section 27 of this Act and section 28 of this
Act shall have effect, subject to subsections (4) and (6) of this section, in relation to
an action brought under the Fatal Accidents Act (Cap. 32) for damages in respect
of a person’s death, as they have effect in relation to an action to which section
27 of this Act applies.
(3) In the following provisions of this section, and in sections 27 and 28 as
modified by those provisions, “the deceased” means the person referred to in
subsection (1) or subsection (2), as the case may be.
(4) Section 27(1) of this Act shall not have effect in relation to an action falling
within subsection (1) or subsection (2) of this Act, unless the action is brought
before the end of twelve months from the date on which the deceased died.
(5) For the purposes of the application of subsection (2) of section 27 of this
Act to an action falling within subsection (1) or subsection (2) of this section—
(a) any reference in the said subsection (2) to the plaintiff shall be
construed as a reference to the deceased; and
(b) the requirements of the said subsection (2) shall be taken to be
fulfilled in relation to a cause of action if either the matters specified in
that subsection (as modified by paragraph (a) of this subsection) are
proved or it is proved that the material facts relating to that cause of
action were or included facts of a decisive character which at all times
until his death were outside the knowledge (actual or constructive) of
the deceased,
and any reference to the requirements of the said subsection (2) shall, in relation to
an action falling within subsection (1) or subsection (2) of this section, be construed
as a reference to the requirements of the said subsection (2) as modified by this
subsection.
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