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. [Issue 1] L19 - 18

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