Statute of Limitations 1957

JurisdictionIreland
CitationIR No. 6/1957


Number 6 of 1957


STATUTE OF LIMITATIONS 1957

REVISED

Updated to 9 June 2018


This Revised Act is an administrative consolidation of the Statute of Limitations 1957. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Corruption Offences) Act 2018 (9/2018), enacted 5 June 2018, and all statutory instruments up to and including European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018), made 8 June 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 6 of 1957


STATUTE OF LIMITATIONS 1957

REVISED

Updated to 9 June 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Statutes of Limitations : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Statute of Limitations (Amendment) Act 2000 (13/2000), s. 1(2)). The Acts in this group are:

Statute of Limitations 1957 (6/1957)

Statute of Limitations (Amendment) Act 1991 (18/1991)

Statute of Limitations (Amendment) Act 2000 (13/2000)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Mediation Act 2017 27/2017)

Finance (Local Property Tax) Act 2012 (52/2012)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Arbitration Act 2010 (1/2010)

Defamation Act 2009 (31/2009)

Land and Conveyancing Law Reform Act 2009 (27/2009)

Proceeds of Crime (Amendment) Act 2005 (1/2005)

Civil Liability and Courts Act 2004 (31/2004)

Personal Injuries Assessment Board Act 2003 (46/2003)

Residential Institutions Redress Act 2002 (13/2002)

Statute of Limitations (Amendment) Act 2000 (13/2000)

Stamp Duties Consolidation Act 1999 (31/1999)

British-Irish Agreement Act 1999 (1/1999)

Taxes Consolidation Act 1997 (39/1997)

Criminal Law Act 1997 (14/1997)

Domestic Violence Act 1996 (1/1996)

Liability for Defective Products Act 1991 (28/1991)

Statute of Limitations (Amendment) Act 1991 (18/1991)

International Carriage of Goods by Road Act 1990 (13/1990)

Bankruptcy Act 1988 (27/1988)

Age of Majority Act 1985 (2/1985)

Malicious Injuries Act 1981 (9/1981)

Family Law (Protection of Spouses and Children) Act 1981 (21/1981)

Sale of Goods and Supply of Services Act 1980 (16/1980)

Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976)

Succession Act 1965 (27/1965)

Land Act 1965 (2/1965)

Civil Liability (Amendment) Act 1964 (17/1964)

Registration of Title Act 1964 (16/1964)

Civil Liability Act 1961 (41/1961)

Administration of Estates Act 1959 (8/1959)

All Acts up to and including Criminal Justice (Corruption Offences) Act 2018 (9/2018), enacted 5 June 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018)

European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017 (S.I. No. 43 of 2017)

European Communities (Mediation) Regulations 2011 (S.I. No. 209 of 2011)

European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008)

European Communities (European Order for Payment) Regulations 2008 (S.I. No. 525 of 2008)

All statutory instruments up to and including European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018), made 8 June 2018, were considered in the preparation of this revision.


Number 6 of 1957


STATUTE OF LIMITATIONS 1957

REVISED

Updated to 9 June 2018


ARRANGEMENT OF SECTIONS


Acts Referred to

Registration of Title Act, 1942

No. 26 of 1942

Arbitration Act, 1954

No. 26 of 1954

Rent Restrictions Act, 1946

No. 4 of 1946

Tortfeasors Act, 1951

No. 1 of 1951

Mercantile Marine Act, 1955

No. 29 of 1955

Land Act, 1927

No. 19 of 1927

Land Act, 1933

No. 38 of 1933

Agricultural Credit Act, 1947

No. 14 of 1947

Adoption Act, 1952

No. 25 of 1952


Number 6 of 1957


STATUTE OF LIMITATIONS 1957

REVISED

Updated to 9 June 2018


AN ACT TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE LIMITATION OF ACTIONS AND ARBITRATIONS. [2 nd May, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Prospective affecting provision: rights under collectively cited Statutes of Limitations not affected in certain circumstances by Domestic Violence Act 2018 (6/2018), s. 32, not commenced as of date of revision.

Orders not to affect rights under certain enactments or estate or interest

32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any rights under the Statutes of Limitations, the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.

C2

Application of collectively cited Statutes of Limitation specified in certain circumstances (1.01.2018) by Mediation Act 2017 (27/2017), s. 18, S.I. No. 591 of 2017.

Effect of mediation on limitation and prescription periods

18. (1) In reckoning a period of time for the purposes of a limitation period specified by the Statutes of Limitations, the period beginning on the day on which an agreement to mediate is signed and ending on the day which is 30 days after either—

(a) a mediation settlement is signed by the parties and the mediator, or

(b) the mediation is terminated,

whichever first occurs, shall be disregarded.

(2) The mediator in a mediation shall inform the parties in writing of the date on which the mediation ends.

C3

Application of Act restricted (1.06.2004) by Personal Injuries Assessment Board Act 2003 (46/2003), ss. 12 and 50, S.I. No. 252 of 2004, as substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 56(1)(c) and (d), commenced on enactment.

[Bar on bringing proceedings unless certain conditions are satisfied.

12.— ...

(5) The issuing of a notice of motion or the moving of a motion for the purposes of an application referred to in subsection (4) shall not be regarded as the commencement of proceedings in respect of the relevant claim for the purposes of any applicable limitation period in relation to such claim (including any limitation period under the Statute of Limitations 1957, section 9(2) of the Civil Liability Act 1961, the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound). ]

...

[Reckoning of time for purpose of Statute of Limitations, etc.

50.— In reckoning any period of time for the purpose of any applicable limitation period in relation to a relevant claim (including any limitation period under the Statute of Limitations 1957, section 9(2) of the Civil Liability Act 1961, the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound), the period beginning on the making of an application under section 11 in relation to the claim and ending 6 months from the date of issue of an...

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