An Bille um Reacht na dTréimhsí (Leasú), 2017
Statute of Limitations (Amendment) Bill 2017
Mar a tionscnaíodh
As initiated
[No. 35 of 2017]
AN BILLE UM REACHT NA dTRÉIMHSÍ (LEASÚ), 2017
STATUTE OF LIMITATIONS (AMENDMENT) BILL 2017
Mar a tionscnaíodh
As initiated
CONTENTS
Section
1. Definitions
2. Amendment of Principal Act
3. Short title, collective citation and commencement
[No. 35 of 2017]
ACTS REFERRED TO
Arbitration Act 1954 (No. 26)
Companies (Consolidation) Act 1908 (8Edw. 7. Ch.69.)
Statute of Limitations (Amendment) Act 1991 (No. 18)
Statute of Limitations (Amendment) Act 2000 (No. 13)
Statute of Limitations 1957 (No. 6)
Tortfeasors Act 1951 (No. 1)
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AN BILLE UM REACHT NA dTRÉIMHSÍ (LEASÚ), 2017
STATUTE OF LIMITATIONS (AMENDMENT) BILL 2017
Bill
entitled
An Act to amend the Statute of Limitations 1957 to bring the issue of Circuit Court and
High Court Judgments into line with the most recent bankruptcy legislation, by reducing
the lifetime of High Court and Circuit Court Judgments from 12 years to two years, and
reduce the Statute of Limitations from six years to two years in instances where the
collection and enforcement of civil debt by Banks and Vulture funds are concerned.
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Be it enacted by the Oireachtas as follows:
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Definitions
1.
In this Act—
‘‘Minister’’ means the Minister for Justice and Equality;
‘‘Principal Act’’ means Statute of Limitations 1957.
Amendment of Principal Act
2.
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The Principal Act is amended by the replacement of section 11 with the following:
“Limitation of actions of contract and tort and certain other actions
11. (1) The following actions shall not be brought after the expiration of two
years from the date on which the cause of action accrued or became
known to the creditor—
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(a) actions founded on simple contract;
(b) actions founded on quasi-contract;
(c) actions to enforce a recognizance;
(d) actions to enforce an award, where the arbitration agreement is not
under seal or where the arbitration is under any Act other than the
Arbitration Act 1954;
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(e) actions to recover any sum recoverable by virtue of any enactment,
other than—
(i) a penalty or forfeiture or sum by way of penalty or forfeiture, or
(ii) a debt created by subsection (2) of section 14 or section 125 of
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30
the Companies (Consolidation) Act 1908, or
(iii) an amount recoverable by a tortfeasor under section 4 or 5 of
the Tortfeasors Act 1951.
(2) (a) Subject to paragraphs (b) and (c) of this subsection, an action
founded on tort shall not be brought after the expiration of two
years from the date on which the cause of action accrued.
(b) An action claiming damages for negligence, nuisance or breach of
duty (whether the duty exists by virtue of a contract or of a
provision made by or under a statute or independently of any
contract or any such provision), where the damages claimed by the
plaintiff for the negligence, nuisance or breach of duty consist of or
include damages in respect of personal injuries to any person, shall
not be brought after the expiration of three years from the date on
which the cause of action accrued.
(c) An action claiming damages for slander shall not be brought after
the expiration of three years from the date on which the cause of
action accrued.
(3) An action to recover, in respect of the liability of a tortfeasor to an
injured person, an amount recoverable by the tortfeasor under section
4 or 5 of the Tortfeasors Act 1951, shall not be brought after the
expiration of two years from the date on which the cause of action
accrued.
(4) An action for an account shall not be brought in respect of any matter
which arose more than two years before the commencement of the
action.
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10
15
20
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(5) The following actions shall not be brought after the expiration of two
years from the date on which the cause of action accrued—
(a) an action upon an instrument under seal, other than an action upon
an instrument under seal to recover—
(i) arrears of a rent charge or of a conventional rent, or
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(ii) any principal sum of money secured by a mortgage or other
charge, or
(iii) arrears of interest in respect of any sum of money secured by a
mortgage or other charge, or
(iv) arrears of an annuity charged on personal property;
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(b) an action to enforce an award, where the arbitration agreement is
under seal;
(c) an action to recover a debt created by subsection (2) of section 14
or section 125 of the Companies (Consolidation) Act 1908.
(6) (a) An action shall not be brought upon a judgment after the expiration
of two years from the date on which the judgment became
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enforceable.
(b) No arrears of interest in respect of any judgment debt shall be
recovered after the expiration of two years from the date on which
the interest became due.
(7) (a) In this subsection “penalty” does not include a fine to which any
person is liable on conviction of a criminal offence.
(b) An action to recover any penalty or forfeiture, or sum by way of
penalty or forfeiture, recoverable by virtue of any enactment shall
not be brought after the expiration of two years from the date on
which the cause of action accrued.
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10
(8) (a) Subsection (1) of this section shall apply to an action to recover
seamen’s wages.
(b) Save as provided by paragraph (a) of this subsection, this section
shall not apply to any cause of action within the Admiralty
jurisdiction of the High Court which is enforceable in rem.
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(9) (a) This section shall not apply to any claim for specific performance
of a contract or for an injunction or for other equitable relief.
(b) Paragraph (a) of this subsection shall not be construed as
preventing a Court from applying by analogy any provision of this
section in like manner as the corresponding enactment repealed by
this Act has heretofore been applied.”.
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Short title, collective citation and commencement
3.
(1) This Act may be cited as the Statute of Limitations (Amendment) Act 2017.
(2) The Principal Act, the Statute of Limitations (Amendment) Act 1991, the Statute of
Limitations (Amendment) Act 2000, and this Act may be cited together as the Statute
of Limitations Acts 1957 to 2017, and shall be construed together as one.
(3) This Act shall come into operation on such day or days as the Minister may, by order
or orders, appoint either generally or with reference to any particular purpose or
provision, and different days may be so appointed for different purposes or different
provisions.
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An Bille um Reacht na dTréimhsí (Leasú),
2017
Statute of Limitations (Amendment) Bill
2017
BILLE
BILL
(mar a tionscnaíodh)
(as initiated)
dá ngairtear
entitled
Acht do leasú Reacht na dTréimhsí, 1957 chun An Act to amend the Statute of Limitations 1957 to
bring the issue of Circuit Court and High Court
saincheist na mBreithiúnas Cúirte Cuarda agus
Judgments into line with the most recent
Ard-Chúirte a chur i gcomhréir leis an
bankruptcy legislation, by reducing the lifetime
reachtaíocht féimheachta is déanaí, trí ré na
of High Court and Circuit Court Judgments
mBreithiúnas Cúirte Cuarda agus Ard-Chúirte a
from 12 years to two years, and reduce the
laghdú ó thréimhse 12 bhliain go tréimhse dhá
Statute of Limitations from six years to two
bhliain, agus trí Reacht na dTréimhsí a laghdú ó
years in instances where the collection and
thréimhse sé bliana go tréimhse dhá bhliain i
enforcement of civil debt by Banks and Vulture
gcásanna a bhaineann le Bainc agus Creachfunds are concerned.
chistí do bhailiú agus d’fhorghníomhú fiachas
sibhialta.
An Teachta Micheál de Bhailís a thug isteach,
Introduced by Deputy Mick Wallace,
8 Márta, 2017
8th March, 2017
BAILE ÁTHA CLIATH
ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
Le ceannach díreach ó
FOILSEACHÁIN RIALTAIS,
52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2.
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)
nó trí aon díoltóir leabhar.
——————
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