Appendix III

Periods of Limitation

Every effort has been made to ensure that the information given in this table is accurate. No legal responsibility, however, is accepted for any errors or omissions in this information.

NOTE:

It is important to note that the mere issue of an originating summons may not prevent time from running against the plaintiff, nor prevent an action from being struck out for delay.

Common Types of Action

The effect of the general provisions of section 49 of the Statute of Limitations is that time would not begin to run against a person under a disability (a minor or a person of unsound mind) until such person ceases to be under a disability. Section 49 has been amended by section 5 of the 1991 Act. See also the provisions of the 2000 Act.

Nature of Claim

Time

Statute

Action surviving against estate of deceased person

2 years or relevant period under applicable Statute of Limitations whichever is less

Civil Liability Act 1961, section 9

Action for contribution against concurrent wrongdoers

2 years after ascertainment of liability of claimant or after payment of damages to the injured party or the same period as the injured party is allowed for suing contributor, whichever is greater

Civil Liability Act 1961, section 31

Personal injuries from negligence, nuisance or breach of duty

Where the relevant date is before 31 March 2005, 3 years from the relevant date or 2 years from 31 March 2005, whichever is lesser. Where the relevant date is on or after 31 March 2005, 2 years

Relevant date means the date of accrual of the cause of action or the date of knowledge of the person concerned as respects that cause of action, whichever occurs later

Statute of Limitations (Amendment) Act 1991, section 3(1), as amended by Civil Liability and Courts Act 2004, section 7

Action for damages by or for dependants of person fatally injured

Where the relevant date was before 31 March 2005, 3 years from the relevant date or 2 years from 31 March 2005, whichever is less

Where the relevant date is on or after 31 March 2005, 2 years

Statute of Limitations (Amendment) Act 1991, section 6(1), as amended by Civil Liability and Courts Act 2004, section 7

Defamation – within the meaning

1 year – or such longer period as the court may direct but not exceeding 2 years from the date on which the cause of action accrued

Statute of Limitations 1957, section 11(2)(c) as substituted by the Defamation Act 2009 s.38(1) of the Defamation Act 2009 (No. 31 of 2009) with effect from January 1, 2010 (S.I. No. 517 of 2009)

See also section 11(3A) and (3B) as inserted by s.38(1) of the Defamation Act 2009

Airlines – action for personal injury while on board an aircraft or while embarking or disembarking

2 years

Warsaw Convention 1929, Hague Protocol 1955, Montreal Protocol No 4 1975, section 17 Air Navigation Transport Act 1936, section 7 Air Navigation Act 1959 and sections 4 and 7 of the Air Navigation and Transport (International Convention) Act 2004

Marine – action for damage to a vessel, to cargo or for loss of life or personal injury on board a vessel

2 years

Civil Liability Act 1961, section 46(2)

Simple contract

2 years

Statute of Limitations 1957, section 11

Action for damages under Liability for Defective Products Act 1991

3 years – from date action accrued or date on which plaintiff became aware of damage, defect and identity of producer

Liability for Defective Products Act 1991, section 7

Tort generally other than above

6 years

Statute of Limitations 1957, section 11

Account

6 years

Statute of Limitations 1957, section 11

Interest on judgment

6 years

Statute of Limitations 1957, section 11

Enforcement of Arbitration Award when arbitration agreement not under seal or where arbitration is under act other than Arbitration Act 1954

6 years

Statute of Limitations 1957, sections 11 and 75–77 (amended by s.29 and Schedule 6 of the Arbitration Act 2010) and Arbitration Act 1954 section 42

Enforcement of Arbitration Award when arbitration agreement under seal

12 years

Statute of Limitations 1957, sections 11 and 75–77 (amended by s.29 and Schedule 6 of the Arbitration Act 2010) and Arbitration Act 1954, section 42

Application set aside an Arbitration Award

Within 3 months of the award being by the party making the application or if made on the grounds of public policy within 56 days of the date the circumstances became known to the party

Article 34 of the UNCITRAL Model Law on International Commercial Arbitration as adopted by the Arbitration Act 2010 and s.12 of the Arbitration Act 2010. Also Rules of the Superior Courts 1986–2010 Order 56 as substituted by S.I. 361 of 2010 Rules of the Superior Courts (Arbitration) 2010

Arrears of rent charge or damages in respect thereof

6 years

Statute of Limitations 1957, section 27

Arrears of rent

6 years

Statute of Limitations 1957, section 28

Arrears of mortgage interest

6 years

Statute of Limitations 1957, section 37

Breach of trust (in absence of fraud or of retention or conversion of trust property) not being an action for which a period of limitation is fixed by any other provision of the act

6 years

Statute of Limitations 1957, section 43

In respect of future interests in trust property right of action deemed not to have accrued until interest falls into possession

None

Statute of Limitations 1957, section 44

No period of limitation shall apply to an action against a trustee on a claim founded on fraud or fraudulent breach of trust

None

Statute of Limitations 1957, section 44

Claim by beneficiary to estate founded on fraud

6 years

Statute of Limitations 1957, section 45, as deceased not replaced by Succession Act 1965, section 126

Claim by personal representative for recovery of asset on behalf of estate of deceased

12 years

Statute of Limitations 1957, section 13(2); Succession Act 1965, section 126

Arrears of interest in respect of any legacy or damages in respect of such arrears

3 years

Succession Act 1965, section 126

Action on a judgment

12 years

Statute of Limitations 1957, section 11

Instrument under seal (save for arrears of rent, rent charge, mortgage, arrears of annuity charged on personal property)

12 years

Statute of Limitations 1957, section 11

Recovery of land (other than by State)

12 years

Statute of Limitations 1957, section 13

Recovery of land by State

30 years

Statute of Limitations 1957, section 13

Sale by mortgage

12 years

Statute of Limitations 1957, section 32

A definition of “judgment mortgage” is substituted by s.8(1)and Sch.1 of the Land and Conveyancing Law Reform Act 2009 with effect from 1st December 2009 (S.I. No.356 of 2009)

Recovery of principal monies secured by mortgage

12 years

Statute of Limitations 1957, section 36

Ownership of rent charge

12 years

Statute of Limitations 1957, section 24

References to Amendments to Statute of Limitations 1957

Section in 1957 Act

Effect of Amendment

Amending Provision

Section 2(1)

Amended

Definition of “judgment mortgage” substituted by s.8(1) and Sch.1 of the Land and Conveyancing Law Reform Act 2009

Section 2(2)(c)

Repealed

Registration of Title Act 1964, Sch. but see section 122

Section 2(2)(d)

Repealed

Succession Act 1965 Schedule 2 part IV but see Succession Act 1965 section 123

Section 2(3), 11(1)(e)(iii) and 11(3)

Repealed

Civil Liability Act 1961 Sch. part V

Section 11(2)

Amended

Statute of Limitations (Amendment) Act 1991 section 3, and section 13(8) Sale of Goods and Supply of Services Act 1980

Section 11(2)(c)

Amended

Subsection (2)(c) substituted by s.38(1) of the Defamation Act 2009

Section 11(3A) & (3B)

Inserted

Subsections (3A) and (3B) inserted by s.38(1) of the Defamation Act 2009

Section 11(7)

Applied

Credit Union Act 1966, section 11(10)

Section 21

Amended

Succession Act 1965 Schedule 2 part IV

Section 22

Repealed

Succession Act 1965 second schedule

Section 24

Amended

Registration of Title Act 1964, section 49(4)

Section 25(4)

Amended

s.8(1) and Sch. 1 of the Land and Conveyancing Law Reform Act 2009

Section 45

Repealed and amended

Succession Act 1965, section 126 and Sch. 2 part IV

Section 46

Repealed

Succession Act 1965 second schedule

Section 48A

Inserted

Statute of Limitations Amendment Act 2000

Section 49(2)

Repealed

Statute of Limitations (Amendment) Act 1991

Section 49(3)

Amended

substituted by s.38(2) of the Defamation Act 2009

Section 49(4)(a)

Repealed

Civil Liability (Amendment) Act 1964 schedule

Section 74

Substituted

s.7(2) of the Arbitration Act 2010

Whole Act

Applied

Registration of Title Act 1964, section 49(1)

Landlord and Tenant Act 1971

Action

Time

Section

Application for sporting lease

Not earlier than 15 years before expiration of current lease and not later than the expiration of the lease or the expiration of three months from the service on the club by its immediate lessor or any superior lessor of notice of expiration of the lease whichever is later. Notice by lessor must be served not earlier than 3 months before expiration of lease

Landlord and Tenant (Amendment) Act, 1971 section 3

Landlord and Tenant (Amendment) Act 1980

(The following list of periods of limitation may not be exhaustive) Service of notice of intention to claim relief

Action

Time

Section

i. In the case of tenancy terminating by expiration of a term of years or other certain period or event

Before the termination of tenancy or at any time thereafter but before the expiration of three months after service on claimant by landlord of notice of expiration of the term or period of the happening of the event

Section 20

ii. In the case of a tenancy terminating by fall of a life or uncertain event

At any time but before the expiration of three months after service on claimant by landlord of notice of the happening of the event

iii. In the case of tenancy determined by notice to quit (other than tenancies to which sections 14 or 15 applies)

At any time but before the expiration of three months after service on claimant by landlord of notice to quit

iv. In the case of tenancy determinable by notice to quit and to which sections 14 or 15 applies

At any time but before the expiration of six months after service on claimant by landlord of notice to quit

Application for reversionary lease

Not earlier than 15 years before expiration of existing lease and not later than the expiration of the lease or 3 months from service of notice by superior lessor, whichever is the later. The notice must be served not earlier than 3 months before the expiration of the lease

Section 31

Improvement notice

Where a tenant proposes to make an improvement, notice must be served on the landlord. The landlord may within one month serve on the tenant a consent or an undertaking to execute the improvement in consideration of an increase in rent to be agreed or fixed by the court or an improvement objection

Section 48

Notice to superior landlord of improvement notice served on landlord

The landlord must within one week serve a notice on his superior landlord, if any

Section 48

Objection to improvements

Landlord must object within one month. Tenant can then apply to court

Section 48 and section 52

Claim for compensation for improvements

Notice of intention to claim must be made in same period as notice of intention to claim relief – see section 20

Section 56

Compensation on termination of tenancy in obsolete buildings

Landlord must give six months’ notice

Section 60

Extension of time

The court may extend time in any proper case

Section 83

Offer of new tenancy in lieu of compensation for improvements

Within 2 months of tenant serving notice to claim compensation for improvements under Part IV

Section 22(1)

Notice accepting new tenancy

Within one month of notice of offer of new tenancy

Section 22(2)

To seek a new tenancy in Custom House Docks area – occupation under certain leases not to be regarded as occupation

Leases which commence during the period of 15 years from passing of Landlord and Tenant (Amendment) Act 1989

Section 13(4) of Landlord and Tenant Amendment Act 1980 as amended by section 1 of Landlord and Tenant Act 1989 and S.I. No. 36 of 1994 and S.I. No. 52 of 1999

Note: Landlord and Tenant (Amendment) Act 1994

Amends the following sections of the 1980 Landlord and Tenant Act

S.3 1994 Act amends s.13 1980 Act:

Paragraph (a) of s.13(1) of 1980 Act is amended by the substitution of “5 years” for “3 years”

This shall have effect only in relation to a lease or other contract of tenancy the term of which commences after the commencement of this Act

S.4 amends s.17 of 1980 Act

S.5 amends s.23 of 1980 Act

S.6 amends s.85 of 1980 Act

Landlord and Tenant (Amendment) Act 1984

Action

Time

Section

Notice of intention to review rent in reversionary lease where the terms of such lease are settled by the court under Part III of the 1980 Act

Where the rent has not previously been reviewed, not earlier than one month before the fifth anniversary of the date on which the terms of the lease were settled. Where the rent has been reviewed previously, not earlier than the fifth anniversary of the date of service of the notice for preceding review

Section 3

Application to review the rent of a reversionary lease in default of agreement

Not earlier than one month after the service of the notice

Section 3

Notice of intention to review rent of sporting lease

Same as for reversionary lease

Section 5

Application to the court for review of the rent of a sporting lease

Same as for reversionary lease

Section 5

Notice of intention to review rent where the terms of a new tenancy are fixed by the court under Part II of the Landlord and Tenant (Amendment) Act 1980

Same as for reversionary leases and sporting leases

Section 15

Note

The attention of practitioners is also drawn to the provisions as to the acquisition of the fee simple contained in the above Act and to the temporary provisions of the Act at sections 4 and 13 dealing with the right to a reversionary lease and the right to acquire the fee simple in certain cases.

NOTE: RESIDENTIAL TENANCIES ACT 2004

The Residential Tenancies Act 2004 was commenced on the 1st September 2004. Subject to exceptions, the Residential Tenancies Act 2004 applies to every dwelling that is the subject of a tenancy. Among the exceptions to the Act, section 3 excludes a dwelling that is used wholly or partly for the purpose of carrying on a business, formerly rent controlled and long occupation lease tenancies and holiday lettings. Section 100 of the Housing (Miscellaneous) Provisions Act 2009 amends section 3 of the Residential Tenancies Act 2004 to further exclude tenancies for a term longer than 35 years from the provisions of the Act.

Section 192 of the Act abolishes, 5 years after the commencement of Part 4 of the Act, the entitlement to apply, for the first time for a long occupation lease under the Landlord and Tenant (Amendment) Act 1980, except where the tenant has served notice on the landlord of his/her intention to claim that lease under section 20 of the 1980 Act.

Section 191 of the Act amends section 17(1)(a) and section 85 of the 1980 Act to permit a tenant to renounce his/her right to a long occupation equity lease under section 13(1)(b) of that Act. These sections are further amended by Part 4 of the Civil Law (Miscellaneous Provisions) Act 2008.

Part 4 of the Act provides for security of tenure on the basis of four-year cycles whereby tenancies are deemed terminated at the end of each four-year period and a new tenancy will come into being, assuming that the dwelling continues to be let to the same person(s). During the first six months of each tenancy, the landlord may terminate without giving a reason. During the remaining 3.5 years, termination is only possible where one of the grounds in section 34 of the Act applies. Subject to any fixed term agreement, the tenant will be free to terminate at any time.

Part 5 of the Act specifies the procedures to be followed in terminating a valid tenancy. Termination must be by way of a termination notice regardless of the reason for termination. It provides for gradated notice periods that are linked to the duration of the tenancy (see the tables to section 66, Table 1 applies to landlords and Table 2 applies to tenants).

Part 6 of the Act provides for a mechanism for the resolution of disputes between landlords and tenants of dwellings to which the Act applies. The mechanism is the Private Residential Tenancies Board established by Part 8 of the Act. Section 100(4) of the Housing (Miscellaneous) Provisions Act 2009 removes the requirement of a tenant’s signature on the prescribed form for registration under the Act.

Employment Legislation

Action

Time

Section

Working time claim including claim by employee for holidays

Rights Commissioner or the Employment Appeals Tribunal when ancillary to another claim before the Employment Appeals Tribunal

Six months from date of contravention (can be extended to 18 months if reasonable cause can be shown)

Organisation of Working Time Act 1997, section 27 and section 40

Appeal to Labour Court from decision of Rights Commissioner

Six weeks from date decision is communicated to parties

Organisation of Working Time Act 1997, section 28

Claim in relation to minimum notice

Employment Appeals Tribunal

No time specified

Minimum Notice and Terms of Employment Act 1973, section 11

Appeal to the High Court on point of law only

No time specified

Minimum Notice and Terms of Employment Act 1973, section 11

Unfair dismissal claim

Rights Commissioner or the Employment Appeals Tribunal

Six months from date of dismissal (can be extended to 12 months in exceptional circumstances)

Unfair Dismissals Act 1977, section 8 as amended by section 7(2) of the Unfair Dismissals (Amendment) Act 1993

Appeal to Employment Appeals Tribunal from recommendation of a Rights Commissioner

Within six weeks of the date on which recommendation given to the parties concerned

Unfair Dismissals Act 1977, section 9

Appeal to Circuit Court from determination of the Employment Appeals Tribunal

Within six weeks of the date on which the determination is communicated to the parties

Unfair Dismissals (Amendment) Act 1993, section 11

Claim for redress in respect of employment-related discrimination or victimisation (including dismissal)

Director of Equality Tribunal/Equality Officer or at option of complainant in cases of alleged gender discrimination, the Circuit Court

Six months from the date of the occurrence, or the most recent occurrence, of the act of discrimination or victimisation (can be extended to 12 months for reasonable cause)

Employment Equality Act 1998, section 77 as amended by section 32, Equality Act 2004

Appeal from decision of the Director to the Labour Court

42 days from date of decision

Employment Equality Act 1998, section 83 and section 77(12) as amended by Civil Law (Miscellaneous Provisions) Act 2011

Appeal from decision of the Director to the High Court on a point of law

21 days or within such further period as the Court, on application made to it by the intending appellant, may allow where the Court is satisfied that there is good and sufficient reason for extending that period and that the extension of the period would not result in an injustice being done to any other person concerned in the matter (Rules of Superior Courts, Order 106/SI 293/2005)

Employment Equality Act 1998, section 79(7) as inserted by section 35, Equality Act 2004

Appeal from the Labour Court to the High Court on a point of law only

21 days on application made to it by the intending appellant, may allow where the Court is satisfied that there is good and sufficient reason for extending that period and that the extension of the period would not result in an injustice being done to any other person concerned in the matter (Rules of Superior Courts, Order 106/SI 293/2005)

Employment Equality Act 1998, section 90 as amended by the Schedule to the Equality Act 2004

Claim for redundancy payments

The Employment Appeals Tribunal

52 weeks from the date of dismissal or date of termination of employment or 104 weeks if reasonable cause for failure to claim can be shown to the Employment Appeals Tribunal

Redundancy Payments Act 1967, section 24 as amended by the Redundancy Payments Act 1971, section 12 and section 13 of the 1979 Act

Payment of wages claim

Rights Commissioner

Six months beginning on date of contravention (may be extended to 12 months in exceptional circumstances)

Payment of Wages Act 1991, section 6

Appeal to Employment Appeals Tribunal

Six weeks from date on which recommendation is communicated to the parties

Payment of Wages Act 1991, section 7

Terms of employment claim

Rights Commissioner

Six months beginning on date of termination of employment

Terms of Employment (Information) Act 1994, section 7

Appeal to Employment Appeals Tribunal

Six weeks from date on which recommendation is communicated to the parties

Terms of Employment (Information) Act 1994, section 8

Claim by a part-time worker

Rights Commissioner

Six months from the date of contravention of the Act or date of termination of contract of employment whichever earlier. May be extended by 12 months (18 months total) (if the Rights Commissioner is satisfied that failure to present complaint within period is due to a reasonable cause)

Protection of Employees (Part-Time Work) Act 2001, section 16

Appeal to the Labour Court

Six weeks from the date on which the decision to which it relates was communicated to the party

Protection of Employee (Part-Time Work) Act 2001, section 17

Appeal to the High Court on a point of law

21 days (Rules of Superior Courts, Order 84C Rule 2)

Protection of Employees (Part-Time Work) Act 2001, section 17

Claim by a fixed-term worker

Rights Commissioner

Six months from the date of contravention of the Act or date of termination of contract of employment, whichever earlier. May be extended by 12 months (18 months total) (if the Rights Commissioner is satisfied that failure to present complaint within period is due to a reasonable cause)

Protection of Employees (Fixed-Term Work) Act 2003, section 14

Appeal to the Labour Court

Six weeks from the date on which the decision to which it relates was communicated to the party

Protection of Employee (Fixed-Term Work) Act 2003, section 15

Appeal to the High Court on a point of law

21 days (Rules of Superior Courts, Order 84C Rule 2)

Protection of Employees (Fixed-Term Work) Act 2003, section 15

Maternity protection claim

Rights Commissioner

Six months from date employer informed that employee is pregnant, has given birth, is breastfeeding or if employee is father of child, the expectant mother of the child is pregnant or that child’s mother has died (may be extended to 12 months in exceptional circumstances)

Maternity Protection Act 1994, section 31 as amended by the Maternity Protection (Amendment) Act 2004, section 21

Appeal to Employment Appeals Tribunal

Four weeks from date on which decision is communicated to the parties

Maternity Protection Act 1994, section 33

Adoptive leave claim

Rights Commissioner

Six months from the day of placement or, where no placement, six months from date employer first notified of parent’s intention to take leave or, in the case of an adoptive father, six months from the death of adoptive mother (may be extended to 12 months in exceptional circumstances)

Adoptive Leave Act 1995, section 34

Appeal to Employment Appeals Tribunal

Four weeks from date on which decision is communicated to the parties

Adoptive Leave Act 1995, section 35

Young persons’ employment claim

Rights Commissioner

Six months beginning on date of contravention of sections 13 or 17 (may be extended to 12 months in exceptional circumstances)

Protection of Young Persons (Employment) Act 1996, section 18(4)

Appeal to Employment Appeals Tribunal

Six weeks from date on which recommendation is communicated to the parties

Protection of Young Persons (Employment) Act 1996, section 19

Parental leave claim

Rights Commissioner

Six months after occurrence of dispute relating to entitlements

Parental Leave Act 1998, section 18

Appeal to Employment Appeals Tribunal

Within four weeks of date on which decision is communicated to the parties

Parental Leave Act 1998, section 19

Minimum wage claim

Rights Commissioner

Six months after statement obtained or time elapsed for its production under section 23 (may be extended to 12 months)

National Minimum Wage Act 2000, section 24

Appeal to Labour Court

Within six weeks of date on which decision is communicated to the parties

National Minimum Wage Act 2000, section 27

Carer’s leave claim

Rights Commissioner

Within six months of date of contravention giving rise to dispute (may be extended to 12 months if reasonable to do so)

Carer’s Leave Act 2001, sections 19(3) and (8)

Appeal to Employment Appeals Tribunal

Within four weeks of date on which decision is communicated to the parties

Carer’s Leave Act 2001, section 20(2)

Trade disputes

Objection to an investigation of the dispute by a Rights Commissioner

Three weeks after the notice has been sent by post to the party

Industrial Relations Act 1990, section 36

Appeal to the Labour Court against the recommendations of a Rights Commissioner

Six weeks from the date of the recommendation by the Rights Commissioner

Industrial Relations Act 1990, section 36

Application to the Circuit Court to enforce determination of Labour Court

Where period specified in the determination has expired or, if no such period specified, as soon as may be after the determination is communicated to the parties

Industrial Relations Act 2001, section 10 as amended by Industrial Relations (Miscellaneous Provisions) Act 2004, section 4

Complaint to Rights Commissioner for alleged victimisation arising out of trade dispute

Within six months of the occurrence of the alleged victimisation (may be extended to 12 months if reasonable to do so)

Industrial Relations Act 2004, section 9

Appeal to Labour Court

Six weeks from the date of the decision of the Rights Commissioner or such greater period as the Labour Court may determine in the particular circumstances

Industrial Relations Act 2004, section 10

Claim for redress in respect of discrimination in connection with the provision of goods, services, property and other services to the public

Director of Equality Tribunal/Equality Officer

Complaint must be notified to respondent within 2 months from date of prohibited conduct (may be extended to 4 months for reasonable cause or, exceptionally, may be waived)

Equal Status Act 2000, sections 21(2) to 21(4) (as amended by section 54 of the Equality Act 2004) and Intoxicating Liquor Act 2003, section 19

The Director’s jurisdiction is in all cases except for claims in respect of registered clubs and licensed premises which go before the District Court

Complaint must be lodged with Tribunal within 6 months from date of the prohibited conduct or from date of the most recent occurrence (may be extended to 12 months for reasonable cause)

Equal Status Act 2000, sections 21(6) and (7) (as amended by section 54, Equality Act 2004)

Appeal to the Circuit Court from decision of the Director

42 days from date of decision

Equal Status Act 2000, section 28

Appeal to the Circuit Court from decision of the Director with regard to an extension of time under sections 21(3) and 21(7), Equal Status Act 2000 as amended

42 days from date of decision

Equal Status Act 2000, section 21(7A)(a) as inserted by section 54 of the Equality Act 2004 and amended by Civil Law (Miscellaneous Provisions) Act 2011

Appeal to the High Court from Circuit Court on a point of law only

Rules of Superior Courts

Equal Status Act 2000, section 28(3) and section 21(7A)(c) as inserted by section 54 of the Equality Act 2004 as amended by Civil Law (Miscellaneous Provisions) Act 2011

Reproduced from the Law Directory 2012 with the kind permission of the Law Society of Ireland.