Law Reform (Miscellaneous Provisions) Act 1971

PART I — Limitation of Actions

Extension of time-limits under ss. 1 and 8 of Act of 1963.

1

• (1) In the following provisions of the Limitation Act 1963, that is to say—

• (a) section 1(3) (which enables certain actions that would otherwise be statute-barred to be brought if the plaintiff was ignorant of the relevant facts until a date which was not earlier than twelve months before the action was brought); and

• (b) section 8(3) (which makes corresponding provision for Scotland),

for the words from " until a date which " to the end there shall be substituted the words " until a date which was not earlier than three years before the date on which the action was brought ".

• (2) Sections 7(2) and 13(2) of the said Act of 1963 (which become unnecessary in consequence of subsection (1) of this section) are hereby repealed.

Extension of time-limits for certain actions brought after death of injured person.

2

• (1) For section 3 of the Limitation Act 1963 (under which the extended time-limit provided by section 1 of that Act is not available for actions brought by virtue of the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Acts more than twelve months after the death of the injured person) there shall be substituted the sections set out in Part I of Schedule 1 to this Act.

• (2) In section 7(4) of the said Act of 1963 after the words " section 2(1) of the Limitation Act 1939 " there shall be inserted the words " or so much of section 3 of the Fatal Accidents Act 1846 as requires actions under that Act to be commenced within three years after the death of the deceased ".

• (3) In section 8 of the said Act of 1963 (extension of time-limit for certain actions in Scotland), at the end of subsection (2) there shall be added the words " not being an action to which section 9 of this Act applies "; and for section 9 of the said Act of 1963 (actions in Scotland in respect of death of injured person) there shall be substituted the section set out in Part II of Schedule 1 to this Act.

Transitional provisions.

3

Schedule 2 to this Act shall have effect as respects the application of this Part of this Act in relation to causes and rights of action which accrued before the commencement of this Act.

PART II — Damages for Widows

Assessment of damages for widows.

4

• (1) In assessing damages payable to a widow in respect of the death of her husband in any action under the Fatal Accidents Acts 1846 to 1959 there shall not be taken into account the remarriage of the widow or her prospects of remarriage.

• (2) In the application of subsection (1) of this section to Scotland, for the words " in respect of the death of her husband in any action under the Fatal Accidents Acts 1846 to 1959 " there shall be substituted the words " in any action in respect of which the right of action accrued on the death of her husband in consequence of personal injuries (as denned in section 6 of the Law Reform (Limitation of Actions, &c.) Act 1954) sustained by him ".

Abolition of control of widows' damages.

5

• (1) Section 19 of the Administration of Justice Act 1965 (widows' damages in Fatal Accidents Acts claim to be subject to control of court if claim also made on behalf of infant) is hereby repealed.

• (2) Any money which by virtue of the said section 19 is in court at the commencement of this Act shall, if the person entitled thereto is not under disability and makes an application in that behalf to the court, be paid out to that person.

• (3) The repeal by this section of the said section 19 shall not affect section 31 of the said Act of 1965 (which enables the Parliament of Northern Ireland to enact provisions corresponding to those of the said section 19).

PART III — General

Short title, commencement and extent.

6

• (1) This Act may be cited as the Law Reform (Miscellaneous Provisions) Act 1971.

• (2) This Act shall come into operation at the expiration of the period of one month beginning with the date on which it is passed.

• (3) Except for section 5(3) this Act does not extend to Northern Ireland.

SCHEDULE 1

PART I — Sections substituted for Section 3

PART II — Section substituted for Section 9

SCHEDULE 2

1

Subject to the provisions of this Schedule, Part I of this Act shall have effect in relation to causes of action which accrued before, as well as causes of action which accrue after, the commencement of this Act, and shall have effect in relation to any cause of action which accrued before the commencement of this Act notwithstanding that an action in respect thereof has been commenced and is pending at the commencement of this Act.

2

In the application of section 2 of the Limitation Act 1963 to an action which is pending at the commencement of this Act, subsection (3) of that section shall have effect with the omission of the words from " and it also appears " to the end.

3

In their application to an action which is pending at the commencement of this Act—

• (a) section 3 of the said Act of 1963 as set out in Schedule 1 to this Act shall have effect with the omission in subsection (3)(a) of the words "before the commencement of the action " ;

• (b) section 3A of that Act as set out in that Schedule shall have effect—

• (i) with the omission in subsection (1) of the words " for the purposes of subsection (2) of that section " and in subsection (3) of the words from " and it also appears " to the end ; and

• (ii) as if subsection (3) applied (subject to the necessary modifications) to an application made for the purposes of subsection (3) of the said section 3 as well as to an application made for the purposes of subsection (2) of that section.

4

For the purposes of this Schedule an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein, notwithstanding that an appeal is pending or that the time for appealing has not expired ; and accordingly sections 1 and 2 of this Act shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the commencement of this Act.

5

In the application of this Schedule to Scotland, paragraphs 2 and 3 do not apply, and for any reference to a cause of action mere shall be substituted a reference to a right of action, and for any reference to an order or judgment being made or given there shall be substituted a reference to an order or decree being made or pronounced.