{"kind":"expression","expression":{"expr_id":"106","doc_id":"106","label":"1996 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1991\/12\", \"expression\": \"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01\", \"manifestation\": \"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01.pdf\"}, \"pdf\": {\"md5\": \"c601c7c2c22c4577fc661a495034c119\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1991\/1991-0012\/1991-0012_1996 Revision.pdf\", \"pages\": 31, \"filename\": \"1991-0012_1996 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 11809, \"paragraph_count\": 45, \"text_char_count\": 69979}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Limitation Law 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. PART III - Extension or Exclusion of Ordinary Time Limits 32. 33. 34. 35. 36. 37. 38. 39. PART IV - Miscellaneous And General 40. 41. 42. 43. 44. Limitation Law (1996 Revision) LIMITATION LAW (1996 Revision) ENACTED by the Legislature of the Cayman Islands. PART I - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Limitation Law (1996 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions and interpretation 2. (1) In this Law \u2014 \u201caction\u201d includes any proceedings in a court of law; \u201cland\u201d includes any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale; \u201cmortgage\u201d includes a charge; \u201cpersonal injuries\u201d include any disease and any impairment of a person\u2019s physical or mental condition, and \u201cinjury\u201d and cognate expressions shall be construed accordingly; \u201cpersonal property\u201d means every description of property except land; \u201ctrust\u201d has the same meaning as in the Trusts Law (1996 Revision); and \u201ctrustee\u201d has the same meaning as in the Trusts Law (1996 Revision). (2) For the purposes of this Law but subject to subsection (3), a person shall be treated as under a disability while he is under the age of eighteen years, or is Limitation Law mentally defective within the meaning of section 2 of the Mental Health Law, 1979 [Law 22 of 1979]. (3) Without prejudice to the definition of \u201cmentally defective\u201d in the Mental Health Law, 1979, a person shall be conclusively presumed, for the purposes of subsection (2), to be mentally defective while he \u2014 (a) is liable to be detained under the Mental Health Law, 1979 (otherwise than by virtue of section 4 or 5 of that law); (b) is receiving treatment as an in-patient in any hospital within the meaning of the Mental Health Law, 1979, without being liable to be detained under that law (otherwise than by virtue of section 4 or 5 of that law), being treatment which follows without any interval a period during which he was liable to be detained under that law (otherwise than by virtue of section 4 or 5 of that law); or (c) has a guardian appointed of himself under section 14 of the Grand Court Law (1995 Revision). (4) Subject to subsection (5), a person shall be treated as claiming through another person if he became entitled by, through, under or by the act of that other person to the right claimed. (5) A person becoming entitled to an estate or interest by virtue of a special power of appointment shall not be treated as claiming through the appointor. (6) A reference in this Law to a right of action to recover land includes a reference to a right to enter into possession of the land, and a reference to the bringing of such an action shall include a reference to the making of such an entry. (7) A reference in Part III to a right of action shall include a reference to \u2014 (a) a cause of action; (b) a right to receive money secured by a mortgage on any property; (c) a right to recover proceeds of the sale of land; and (d) a right to receive a share or interest in personal property in the estate of a deceased person. (8) A reference in Part III to the date of the accrual of a right of action shall be construed \u2014 (a) in the case of an action upon a judgment, as a reference to the date on which the judgment became enforceable; and (b) in the case of an action to recover arrears of rent or interest, or damages in respect of arrears of rent or interest, as a reference to the date on which the rent or interest became due. Limitation Law (1996 Revision) PART II - Ordinary Time Limits for Different Classes of Action\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Ordinary time limits subject to extension, etc. 3. (1) This Part gives the ordinary time limits for bringing actions of the various classes mentioned herein. (2) The ordinary time limits given in this Part are subject to extension or exclusion in accordance with Part III.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Tort 4. (1) An action founded on tort (other than on libel or slander) shall not be brought after the expiration of six years from the date on which the cause of action accrued. (2) An action founded on libel or slander shall not be brought after the expiration of three years from the date on which the cause of action accrued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Successive conversions 5. (1) Where a cause of action in respect of the conversion of a chattel has accrued to any person and, before he recovers possession of the chattel, a further conversion takes place, an action shall not be brought in respect of the further conversion after the expiration of six years from the accrual of the cause of action in respect of the original conversion. (2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action has expired and he has not, during that period recovered, possession of the chattel, the title of that person to the chattel shall be extinguished.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Theft 6. (1) The right of any person from whom a chattel is stolen to bring an action in respect of the theft shall not be subject to the time limits under sections 4(1) and 5(1) but if his title to the chattel is extinguished under section 5(2) he may not bring an action in respect of a theft preceding the loss of this title, unless the theft in question preceded the conversion from which time began to run for the purposes of section 5(2). (2) Subsection (1) shall apply to any conversion related to the theft of a chattel as it applies to the theft of a chattel; and, except as hereinafter provided in this section, every conversion following the theft of a chattel before the person from whom it is stolen recovers possession of it shall be regarded for the purposes of this section as related to the theft. If anyone purchases the chattel in good faith, neither the purchase nor any conversion following it shall be regarded as related to the theft. Limitation Law (3) Any cause of action accruing in respect of the theft or any conversion related to the theft of a chattel to any person from whom the chattel is stolen shall be disregarded for the purpose of applying section 5(1) and (2) to his case. (4) Where, in any action brought in respect of the conversion of a chattel, it is proved that the chattel was stolen from the plaintiff or anyone through whom he claims, it shall be presumed that any conversion following the theft is related to the theft unless the contrary is shown. (5) In this section \u2014 \u201ctheft\u201d includes \u2014 (a) any conduct outside the Islands which would be theft if committed in the Islands; and (b) obtaining any chattel, whether in the Islands or elsewhere in the circumstances described in section 235 of the Penal Code (1995 Revision) or by blackmail within the meaning of section 242 of that Code, and references in this section to a chattel being \u201cstolen\u201d shall be construed accordingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Simple contract 7. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Certain loans 8. (1) Subject to subsection (3), section 7 shall not bar the right of action on a contract of loan to which this section applies. (2) This section applies to any contract of loan which does not \u2014 (a) provide for repayment of the debt on or before a fixed or determinable date; and (b) effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter, except where, in connection with taking the loan, the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note, which expression in this subsection, has the same meaning as in section 83 of the Bills of Exchange Law (Revised), as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt. (3) Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one or more of them) section 7 Limitation Law (1996 Revision) shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Certain awards 9. An action to enforce an award, where the submission is not by an instrument under seal, shall not be brought after the expiration of six years from the date on which the cause of action accrued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Specialty 10. An action upon a specialty shall not be brought after the expiration of twelve years from the date on which the cause of action accrued: Provided that this section shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Sums recoverable by law, etc. 11. An action to recover a sum recoverable by virtue of any instrument of a legislative character shall not be brought after the expiration of six years from the date on which the cause of action accrued: Provided that this section shall not affect any action to which section 12 applies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Contribution 12. (1) Where, under section 6 of the Torts (Reform) Law (1996 Revision), a person is entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall be brought after the expiration of two years from the date on which that right accrued. (2) For the purposes of this section, the date (referred to hereinafter in this section as \u201cthe relevant date\u201d) on which a right to recover contribution in respect of any damage accrues to any person shall be ascertained as provided in subsections (3) and (4). (3) If the person in question is held liable in respect of that damage by \u2014 (a) a judgment given in civil proceedings; or (b) an award made on an arbitration, the relevant date shall be the date on which the judgment is given or the date of the award. For the purposes of this subsection, no account shall be taken of any judgment or award given or made on appeal insofar as it varies the amount of damages awarded against the person in question. (4) If, in a case not within subsection (3), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether or not he admits any liability in respect of the damage), the relevant date shall be the earliest date on which the amount to be paid by him is agreed Limitation Law between him and the person (or each of the persons) to whom the payment is to be made. (5) An action to recover contribution shall be one to which sections 32, 37 and 41 apply, but otherwise Parts III and IV (except sections 40 and 43) shall not apply for the purposes of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Personal injuries 13. (1) This section applies to any action for negligence, nuisance or breach of duty (whether such duty exists by virtue of a contract, a provision made by or under an instrument of a legislative character, 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 himself or any other person. (2) None of the time limits given in sections 4 to 12 apply to an action to which this section applies. (3) An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) or (5). (4) Except where subsection (5) applies, the period applicable is three years from \u2014 (a) the date on which the cause of action accrued; or (b) the date of knowledge (if later) of the person injured. (5) If the person injured dies before the expiration of the period mentioned in subsection (4), the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 2 of the Estates Proceedings Law (1995 Revision) shall be three years from \u2014 (a) the date of death; or (b) the date of the personal representative\u2019s knowledge, whichever is the later. (6) If there is more than one personal representative, and their dates of knowledge are different, paragraph (b) of subsection (5) shall be taken as referring to the earliest of those dates. (7) For the purposes of this section \u2014 \u201cpersonal representative\u201d includes any person who is or has been a personal representative of the deceased, including an executor who has not proved the will (whether or not he has renounced probate); and regard shall be had to any knowledge acquired by any such person while a personal representative or previously. Limitation Law (1996 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Special time limit for certain negligence actions 14. (1) Subject to subsection (2), this section applies to any action for damages for negligence, other than one to which section 13 applies, where the starting date for reckoning the period of limitation under paragraph (b) of subsection (3) falls after the date on which the cause of action accrued. (2) Section 4 shall not apply to an action to which this section applies. (3) An action to which this section applies shall not be brought after the expiration of \u2014 (a) six years from the date on which the cause of action accrued; or (b) three years from the starting date as defined by subsection (4), if that period expires later than the period mentioned in paragraph (a). (4) For the purposes of this section, the starting date for reckoning the period of limitation under paragraph (b) of subsection (3) is the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action. Knowledge that any act or omission did or did not, as a matter of law, involve negligence is irrelevant for the purposes of this subsection. (5) In subsection (4) \u2014 \u201cthe knowledge required for bringing an action for damages in respect of the relevant damage\u201d means knowledge of both \u2014 (a) the material facts about the damage in respect of which damages are claimed; and (b) the other facts relevant to the current action mentioned in subsection (7). (6) For the purposes of paragraph (a) of subsection (5), the material facts about the damage are such facts about the damage as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment. (7) The other facts relevant to the current action and referred to in paragraph (b) of subsection (5) are \u2014 (a) that the damage was attributable in whole or in part to the act or omission which is alleged to constitute the negligence; (b) the identity of the defendant; and (c) if it is alleged that the act or omission was that of any person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant. Limitation Law (8) For the purposes of this section, a person\u2019s knowledge includes knowledge which he might reasonably have been expected to acquire from facts \u2014 (a) observable or ascertainable by him; or (b) ascertainable by him with the help of appropriate expert advice which it was reasonable for him to seek, but a person shall not be taken by virtue of this subsection to have knowledge of any fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Overriding time limit for certain negligence actions 15. (1) An action for damages for negligence, other than one to which section 13 applies, shall not be brought after the expiration of fifteen years from the date (or, if more than one, from the last of the dates) on which there occurred an act or omission \u2014 (a) which is alleged to constitute the negligence; and (b) to which the damage in respect of which damages are claimed is alleged to be attributable, whether in whole or in part. (2) This section bars the right of action in a case to which subsection (1) applies, notwithstanding that \u2014 (a) the cause of action has not yet accrued; or (b) where section 14 applies to the action, the date which is for the purposes of that section the starting date for reckoning the period mentioned in paragraph (b) of subsection (3) of that section has not yet occurred, before the end of the period of limitation prescribed by this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Fatal accidents 16. (1) An action under Part II of the Torts (Reform) Law (1996 Revision) shall not be brought if the death occurred when the person injured could no longer maintain an action and recover damages in respect of the injury, whether because of a time limit in this or any other law, or for any other reason. Where any such action by the injured person would have been barred by the time limit in section 13, no account shall be taken of the possibility of that time limit being overridden under section 39. (2) None of the time limits given in sections 4 to 15 apply to an action under Part II of the Torts (Reform) Law (1996 Revision), but no such action shall be brought after the expiration of three years from \u2014 (a) the date of death; or (b) the date of knowledge of the person for whose benefit the action is brought, whichever is the later. Limitation Law (1996 Revision) (3) An action under Part II of the Torts (Reform) Law (1996 Revision) shall be one to which sections 32, 39 and 41 apply, and the application to any such action of the time limit in subsection (2) shall be subject to section 44(1); but otherwise Parts III and IV shall not apply to any such action.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Operation of time limit under s. 16 in relation to different dependants 17. (1) Where there is more than one dependent for whose benefit an action is brought under Part II of the Torts (Reform) Law (1996 Revision), paragraph (b) of section 16(2) shall be applied separately to each of them. (2) Subject to subsection (3), if by virtue of subsection (1) the action would be outside the time limit given by section 16(2) as regards one or more, but not all, of the persons for whose benefit it is brought, the court shall direct that any person as regards whom the action would be outside that limit shall be excluded from those for whom the action is brought. (3) The court shall not give such a direction if it is shown that if the action were brought exclusively for the benefit of the person in question it would not be defeated by a defence of limitation, whether in consequence of section 32, an agreement between the parties not to raise the defence, or otherwise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Definition of date of knowledge for purposes of ss. 13 and 16 18. (1) In sections 13 and 16, a reference to a person\u2019s date of knowledge is a reference to the date on which he first had knowledge \u2014 (a) that the injury in question was significant; (b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute the negligence, nuisance or breach of duty; (c) of the identity of the defendant; and (d) if it is alleged that the act or omission was that of a person other than the defendant, of the identity of that person and of the additional facts supporting the bringing of an action against the defendant, and knowledge that any act or omission did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant. (2) For the purposes of this section, an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment. (3) For the purposes of this section, a person\u2019s knowledge includes knowledge which he might reasonably have been expected to acquire from facts \u2014 (a) observable or ascertainable by him; or (b) ascertainable by him with the help of medical or other appropriate expert advice which it was reasonable for him to seek, Limitation Law but a person shall not be taken by virtue of this subsection to have knowledge of any fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Time limit for actions to recover land 19. (1) An action shall not be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person. (2) Subject to subsections (3) to (6), where \u2014 (a) the interest claimed was an interest in reversion, remainder or any other future interest, and the right of action to recover the land accrued on the date on which the interest fell into possession by the determination of the preceding interest; and (b) the person entitled to the preceding interest (not being a term of years absolute) was not in possession of the land on that date, no action shall be brought by the person entitled to the succeeding interest after the expiration of twelve years from the date on which the right of action accrued to the person entitled to the preceding interest or six years from the date on which the right of action accrued to the person entitled to the succeeding interest, whichever period last expires. (3) No person shall bring an action to recover any interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made, some person through whom he claimed or some person entitled to a preceding interest, unless the action is brought within the period in which the person by whom the assurance was made could have brought such an action. (4) Where any person is entitled to any interest in land in possession and, while so entitled, is also entitled to any future interest in that land, and his right to recover the interest in possession is barred under this Law, no action shall be brought by that person or by any person claiming through him, in respect of the future interest, unless in the meantime possession of the land has been recovered by a person entitled to an intermediate interest. (5) Section 20 contains provisions for determining the date of accrual of a right of action to recover land in the cases therein mentioned. (6) Section 21 contains provisions modifying this section in its application to an action brought by, or by a person claiming through, the Crown. Limitation Law (1996 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Provisions with respect to actions to recover land 20. (1) Where the person bringing an action to recover land or some person through whom he claims has been in possession of the land, and has while entitled to the land been dispossessed or discontinued his possession, the right of action shall be treated as having accrued on the date of such dispossession or discontinuance. (2) Where any person brings an action to recover any land of a deceased person and that deceased person was \u2014 (a) on the date of his death in possession of the land; and (b) the last person entitled to the land to be in possession of it, the right of action shall be treated as having accrued on the date of his death. (3) Where any person brings an action to recover land, being an interest in possession assured otherwise than by will to himself or to some person through whom he claims and \u2014 (a) the person making the assurance was on the date when the assurance took effect in possession of the land; and (b) no person has been in possession of the land by virtue of the assurance, the right of action shall be treated as having accrued on the date when the assurance took effect. (4) The right of action to recover any land shall, in any case where \u2014 (a) the interest claimed was an interest in reversion, remainder or any other future interest; and (b) no person has taken possession of the land by virtue of the interest claimed, be treated as having accrued on the date on which the interest fell into possession by the determination of the preceding interest. (5) A tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Law, be treated as being determined at the expiration of the first year or other period; and accordingly the right of action of the person entitled to the land subject to the tenancy shall be treated as having accrued at the date on which, in accordance with this subsection, the tenancy is determined: Provided that, where any rent has subsequently been received in respect of the tenancy, the right of action shall be treated as having accrued on the date of the last receipt of rent. Limitation Law (6) Where \u2014 (a) any person is in possession of land by virtue of a lease in writing (other than a lease granted by the Crown) by which a rent of not less than twenty dollars a year is reserved; (b) the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and (c) no rent is subsequently received by the person rightfully so entitled, the right of action to recover the land of the person rightfully so entitled shall be treated as having accrued on the date when the rent was first received by the person wrongfully claiming to be so entitled and not on the date of the determination of the lease. (7) Subject to subsection (8), a right of action to recover land by virtue of a forfeiture or breach of condition shall be treated as having accrued on the date on which the forfeiture was incurred or the condition broken. (8) If any right referred to in subsection (7) has accrued to a person entitled to an interest in reversion or remainder and the land was not recovered by virtue of that right, the right of action to recover the land shall not be treated as having accrued to that person until his interest fell into possession, as if no such forfeiture or breach of condition had occurred. (9) No right of action to recover land shall be treated as accruing unless the land is in the possession of some person in whose favour the period of limitation can run (referred to in this subsection and in subsections (10), (11) and (12) as \u201cadverse possession\u201d); and where under subsections (1) to (8) any such right of action is treated as accruing on a certain date and no person is in adverse possession on that date, the right of action shall not be treated as accruing unless and until adverse possession is taken of the land. (10) Where a right of action to recover land has accrued and after its accrual, before the right is barred, the land ceases to be in adverse possession, the right of action shall no longer be treated as having accrued and no fresh right of action shall be treated as accruing unless and until the land is again taken into adverse possession. (11) For the purpose of determining whether a person occupying any land is in adverse possession, it shall not be assumed by implication of law that his occupation is by permission of the person entitled to the land merely by virtue of the fact that his occupation is not inconsistent with the latter\u2019s present or future enjoyment of the land: Provided that this subsection shall not be taken as prejudicing a finding to the effect that a person\u2019s occupation of any land is by implied permission of the Limitation Law (1996 Revision) person entitled to the land in any case where such a finding is justified on the actual facts of the case. (12) For the purposes of subsections (9) and (10), receipt of rent under a lease by a person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease shall be treated as adverse possession. (13) Where any land to which the Settled Land Law [Cap. 156] applies or any land held on trust for sale is in the possession of a person entitled to a beneficial interest in the land or in the proceeds of sale (not being a person solely or absolutely entitled to the land or the proceeds), no right of action to recover the land shall be treated for the purposes of this Law as accruing during that possession to any person in whom the land is vested as tenant for life or trustee, or to any other person entitled to a beneficial interest in the land or the proceeds of sale.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Modifications of s.l9 re Crown 21. (1) Subject to subsections (2) and (3), section 19(1) applies to the bringing of an action to recover any land by the Crown as if \u201cthirty years\u201d were substituted for \u201ctwelve years\u201d. (2) An action to recover foreshore may be brought by the Crown at any time before the expiration of sixty years from the date mentioned in section 19(1). (3) Where any right of action to recover land which has ceased to be foreshore but remains in the ownership of the Crown accrued when the land was foreshore, the action may be brought at any time before the expiration of \u2014 (a) sixty years from the date of accrual of the right of action; or (b) thirty years from the date when the land ceased to be foreshore, whichever period first expires. (4) Notwithstanding section 19(1), when, in the case of any action brought by a person other than the Crown, the right of action first accrued to the Crown through whom such person claims, the action may be brought at any time before the expiration of \u2014 (a) the period during which the action could have been brought by the Crown; or (b) twelve years from the date on which the right of action accrued to some person other than the Crown, whichever period first expires. (5) Section 19(2) shall apply in any case where the Crown is entitled to the succeeding interest as if \u201cthirty years\u201d and twelve years\u201d were respectively substituted for \u201ctwelve years\u201d and \u201csix years\u201d. Limitation Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Redemption actions 22. When a mortgagee of land has been in possession of any of such land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession shall be brought by the mortgagor or any person claiming through him after the end of that period.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Extinction of title to land 23. Subject to \u2014 (a) section 24; and (b) section 135 of the Registered Land Law (1995 Revision), at the expiration of the period prescribed by this Law for any person to bring an action to recover land, including a redemption action, the title of that person to the land shall be extinguished.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Land held on trust 24. (1) Subject to section 27(1) and (2), this Law applies to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, as they apply to legal interests. Accordingly a right of action to recover the land shall, for the purposes of this Law but not otherwise, be treated as accruing to a person entitled in possession to such an equitable interest in the like manner and circumstances, and on the same date, as it would accrue if his interest were a legal interest in the land, and any relevant provision of section 20 shall apply in any such case accordingly. (2) Where the period prescribed by this Law has expired for the bringing of an action to recover land by a tenant for life of land to which the Settled Land Law [Cap. 156] applies \u2014 (a) his interest shall not be extinguished if and so long as the right of action to recover the land of any person entitled to a beneficial interest in the land either has not accrued or has not been barred by this Law; and (b) the interest shall accordingly remain vested in the tenant for life and shall devolve in accordance with the Settled Land Law, but if and when every such right of action has been barred by this Law, his interest shall be extinguished. (3) Where any land is held upon trust (including a trust for sale) and the period prescribed by this Law has expired for the bringing of an action to recover the land by the trustees, the estate of the trustees shall not be extinguished if and so long as the right of action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale either has not accrued or has not been barred by this Law; but if and when every such right of action has been so barred the interest of the trustees shall be extinguished. Limitation Law (1996 Revision) (4) Where any land is held upon trust (including a trust for sale), an action to recover the land may be brought by the trustees on behalf of any person entitled to a beneficial interest in possession in the land or in the proceeds of sale whose right of action has not been barred by this Law, notwithstanding that the right of action of the trustees would, apart from this provision, have been barred by this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Recovery of rent 25. No action shall be brought or distress made to recover arrears of rent or damages in respect of arrears of rent, after the expiration of six years from the date on which the arrears became due.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Recovery under mortgage 26. (1) No action shall be brought to recover \u2014 (a) any principal sum secured by a mortgage on land or on personal property; or (b) proceeds of the sale of land, after the expiration of twelve years from the date on which the right to receive such principal sum or proceeds accrued. (2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of twelve years from the date on which the right to foreclose accrued: Provided that if the mortgagee was in possession of the mortgaged property after that date, the right to foreclose on the property which was in his possession shall not be treated as having accrued for the purposes of this subsection until the date on which his possession discontinued. (3) The right to receive any principal sum secured by a mortgage and the right to foreclose on the property subject to the mortgage shall not be treated as accruing so long as that property comprises any future interest or any life insurance policy which has not matured or been determined. (4) Subject to subsections (5) and (6), no action to recover arrears of interest payable in respect of any sum secured by a mortgage or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due. (5) Where \u2014 (a) a prior mortgagee or other incumbrancer has been in possession of the mortgaged property; and (b) an action is brought within one year of the discontinuance of that possession by the subsequent incumbrancer, Limitation Law the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect of those arrears, notwithstanding that the period exceeded six years. (6) Where \u2014 (a) the property subject to the mortgage comprises any future interest or any life insurance policy; and (b) it is a term of the mortgage that arrears of interest shall be treated as part of the principal sum secured by the mortgage, interest shall not be treated as becoming due before the right to recover the principal sum has accrued or is treated as having accrued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Trust property 27. (1) No period of limitation prescribed by this Law applies to an action by a beneficiary under a trust, being an action \u2014 (a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or (b) to recover from the trustee trust property, or the proceeds of trust property in the possession of the trustee or previously received by him and converted to his use. (2) Where a trustee who is also a beneficiary under the trust receives or retains trust property or its proceeds as his share on a distribution of trust property under the trust, his liability in any action brought by virtue of paragraph (b) of subsection (1) to recover that property or its proceeds after the expiration of the period of limitation prescribed by this Law for bringing an action to recover trust property shall be limited to the excess over his proper share. This subsection only applies if the trustee acted honestly and reasonably in making the distribution. (3) Subject to subsections (1) and (2), an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which another period of limitation is prescribed by any other provision of this Law, shall not be brought after the expiration of six years from the date on which the right of action accrued. For the purposes of this subsection, the right of action shall not be treated as having accrued to any beneficiary entitled to a future interest in the trust property until the interest fell into possession. (4) No beneficiary, as against whom there would be a good defence under this Law, shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Law had been pleaded in defence. Limitation Law (1996 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Claim of personal estate 28. Subject to section 27(1) and (2), no action \u2014 (a) in respect of any claim to personal property in the estate of a deceased person or to any share or interest in any such estate shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and (b) to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Account 29. An action for an account shall not be brought after the expiration of any time limit under this Law which is applicable to the claim which is the basis of the duty to account.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Enforcement of judgments 30. (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Administration to date back to death 31. For the purposes of this Law relating to an action for the recovery of land, an administrator of the estate of a deceased person shall be treated as claiming as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration. PART III - Extension or Exclusion of Ordinary Time Limits\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Disability 32. (1) Subject to subsections (2) to (7), if, on the date when any right of action accrued for which a period of limitation is prescribed by this Law, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred), notwithstanding that the period of limitation has expired. (2) This section shall not affect any case where the right of action first accrued to some person not under a disability through whom the person under a disability claims. Limitation Law (3) When a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person. (4) No action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims. (5) If the action is one to which section 4(2) applies, subsection (1) shall apply to that action as if \u201cby him at any time before the expiration of three years from the date when he ceased to be under a disability\u201d were substituted for \u201cat any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred)\u201d. (6) If the action is one to which section 12 applies, subsection (1) shall apply as if \u201ctwo years\u201d were substituted for \u201csix years\u201d. (7) If the action is one to which section 13 or 16(2) applies, subsection (1) shall apply as if \u201cthree years\u201d were substituted for \u201csix years\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Extension for cases where limitation period is period under s. 14(3)(b) 33. (1) Subject to subsection (2), if in the case of any action for which a period of limitation is prescribed by section 14 \u2014 (a) the period applicable in accordance with subsection (3) of that section is the period mentioned in paragraph (b) of that subsection; (b) on the date which is for the purposes of that section the starting date for reckoning that period, the person by reference to whose knowledge that date fell to be determined under subsection (4) of that section was under a disability; and (c) section 32 does not apply to the action, the action may be brought at any time before the expiration of three years from the date when he ceased to be under a disability or died (whichever first occurred), notwithstanding that the period mentioned above has expired. (2) An action may not be brought by virtue of subsection (1) after the end of the period of limitation prescribed by section 15.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Acknowledgement and part-payment 34. (1) Subsections (2) and (3) apply where any right of action (including a foreclosure action) to recover land or any right of a mortgagee of a personal property to bring a foreclosure action in respect of the property has accrued. (2) If the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued the right shall be Limitation Law (1996 Revision) treated as having accrued on and not before the date of such acknowledgement. (3) In the case of a foreclosure or other action by a mortgagee, if the person in possession of the land or personal property, or the person liable for the mortgage debt, makes any payment in respect of the debt (whether of principal sum or interest) the right shall be treated as having accrued on and not before the date of such payment. (4) Where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either \u2014 (a) receives any sum in respect of the principal sum or interest of the mortgage debt; or (b) acknowledges the title of the mortgagor, an action to redeem the land in his possession may be brought at any time before the expiration of twelve years from the date of such receipt or acknowledgement. (5) Subject to subsection (6), where any right of action has accrued to recover \u2014 (a) any debt or other liquidated pecuniary claim; or (b) any claim to the personal property in the estate of a deceased person or to any share or interest in any such property, and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it, the right shall be treated as having accrued on and not before the date of such acknowledgement or payment. (6) A payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt. (7) Subject to subsection (6), a current period of limitation may be repeatedly extended under this section by further acknowledgements or payments, but a right of action, once barred by this Law, shall not be revived by any subsequent acknowledgement or payment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Formal provisions re acknowledgements and part-payments 35. (1) To be effective for the purposes of section 34, an acknowledgement must be in writing and signed by the person making it. (2) For the purposes of section 34, any acknowledgement or payment \u2014 (a) may be made by the agent of the person by whom it is required to be made under that section; and (b) shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made. Limitation Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Effect of acknowledgement or part-payment on other persons 36. (1) An acknowledgement of the title to any land or mortgaged personal property by any person in possession of it shall bind all other persons in possession during the ensuing period of limitation. (2) A payment in respect of a mortgage debt by the mortgagor or any other person liable for the debt, or by any person in possession of the mortgaged property, shall, so far as any right of the mortgagee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation. (3) Where two or more mortgagees are, by virtue of the mortgage, in possession of the mortgaged land, an acknowledgement of the mortgagor\u2019s title by one of the mortgagees shall only bind him and his successors and shall not bind any other mortgagee or his successors. (4) Where, in a case within subsection (3), the mortgagee by whom the acknowledgement is given is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor shall be entitled to redeem that part of the land on payment, with interest, of the part of the mortgage debt which bears the same proportion to the whole of the debt as the value of the part of the land bears to the whole of the mortgaged land. (5) Where there are two or more mortgagors, and the title of one of them is acknowledged as hereinbefore mentioned in this section, the acknowledgement shall be treated as having been made to all of them. (6) An acknowledgement of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person. (7) A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect of the debt or claim. (8) An acknowledgement by one of several personal representatives of a claim to the personal property in the estate of a deceased person or to any share or interest therein, or a payment by one of several representatives in respect of any such claim, shall bind the estate of the deceased person. (9) In this section \u2014 \u201csuccessors\u201d, in relation to any mortgagee or person liable in respect of any debt or claim, means his personal representatives and any other persons on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve (whether on death, bankruptcy, the disposition of property, or the determination of a limited estate or interest in settled property or otherwise). Limitation Law (1996 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Fraud, concealment and mistake 37. (1) Subject to subsection (3), where in the case of any action for which a period of limitation is prescribed by this Law, either \u2014 (a) the action is based upon the fraud of the defendant; (b) any fact relevant to the plaintiff\u2019s right of action has been deliberately concealed from him by the defendant; or (c) the action is for relief from the consequences of a mistake, the period of limitation does not begin to run until the plaintiff has discovered, or could with reasonable diligence have discovered, the fraud, concealment or mistake. References in this subsection to the defendant include references to the defendant\u2019s agent, and to any person through whom the defendant claims, and his agent. (2) For the purposes of subsection (1), deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. (3) Nothing in this section shall enable any action \u2014 (a) to recover, or recover the value of, any property; or (b) to enforce any charge against, or set aside any transaction affecting, any property, to be brought against the purchaser of that property or any person claiming through him in any case where the property has been purchased for valuable consideration by an innocent third party since the fraud, concealment or transaction in which the mistake was made took place (4) A purchaser is an innocent third party for the purposes of this section in the case of \u2014 (a) fraud or concealment of any fact relevant to the plaintiff\u2019s right of action, if he was not a party to the fraud or concealment and at the time of the purchase did not know or have reason to believe that the fraud or concealment had taken place; and (b) mistake, if at the time of the purchase he did not know or have reason to believe that the mistake had been made. (5) Sections 14 and 15 do not apply to any action to which paragraph (b) of subsection (1) applies, and accordingly the period of limitation referred to in that subsection, in any case to which either of those sections would otherwise apply, is the period applicable under section 4. Limitation Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Discretionary extension of time limit for actions for libel or slander 38. Where a person to whom a cause of action for libel or slander has accrued has not brought such an action within the period of three years mentioned in section 4(2) (or, where applicable, the period allowed by section 32(1) as modified by subsection (5) of that section) because all or any of the facts relevant to that cause of action did not become known to him until after the expiration of that period, such an action may be brought by him at any time before the expiration of one year from the earliest date on which he knew all the facts relevant to that cause of action; but shall in no case be so brought without the leave of the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Discretionary exclusion 39. (1) If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which \u2014 (a) section 13 or 16 prejudices the plaintiff or any person whom he represents; and (b) any decision of the court under this subsection would prejudice the defendant or any person whom he represents, the court may direct that those provisions shall not apply to the action, or shall not apply to any specified cause of action to which the action relates. (2) The court shall not, under this section, disapply section 16(1) except where the reason why the person injured could no longer maintain an action was because of the time limit in section 13. (3) In acting under this section, the court shall have regard to all the circumstances of the case and, in particular, to \u2014 (a) the length of, and the reasons for, the delay on the part of the plaintiff; (b) the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 13 or 16 (as the case may be); (c) the conduct of the defendant after the cause of action arose, including the extent, if any, to which he responded to requests reasonably made by the plaintiff for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff\u2019s cause of action against the defendant; (d) the duration of any disability of the plaintiff arising after the date of the accrual of the cause of action; (e) the extent to which the plaintiff acted promptly and reasonably once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages; and Limitation Law (1996 Revision) (f) the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received. (4) In a case where the person injured died when, because of section 13, he could no longer maintain an action and recover damages in respect of the injury, the court shall have regard in particular to the length of, and the reasons for, the delay on his part. (5) In a case under subsection (4) or any other case where the time limit or one of the time limits depends on the date of knowledge of a person other than the plaintiff, subsection (3) has effect mutatis mutandis and in particular as if a reference to the plaintiff included a reference to any person whose date of knowledge is or was relevant in determining the time limit. (6) A direction by the court disapplying section 16(1) shall operate to disapply to the same effect section 3 of the Torts (Reform) Law (1996 Revision). (7) A reference in this section to section 13 includes a reference to that section as extended by this Part or Part IV. (8) In this section \u2014 \u201ccourt\u201d means the court in which the action has been brought. PART IV - Miscellaneous And General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Arbitrations 40. (1) This Law and any other limitation law, which latter expression in this section means any other law relating to the limitation of actions (whether passed before or after the 15th August, 1991 apply to arbitrations as they apply to actions in the Grand Court. (2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made thereunder, the cause of action shall, for the purpose of this Law and any other limitation law (whether in their application to an arbitration or to other proceedings), be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement. (3) For the purposes of this Law and of any other limitation law, an arbitration is treated as being commenced \u2014 (a) when one party to the arbitration serves on the other party or parties a notice requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator; or (b) where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, when one party to the Limitation Law arbitration serves on the other party or parties a notice requiring him or them to submit the dispute to the person so named or designated. (4) Any such notice may be served by \u2014 (a) handing it to the person on whom it is to be served; (b) leaving it at his usual or last-known place of abode in the Islands; or (c) sending it by registered post to him at his usual or last-known postal address in the Islands, as well as in any other manner provided in the arbitration agreement. (5) Where the Grand Court orders \u2014 (a) that an award be set aside; or (b) after the commencement of an arbitration, that the arbitration agreement shall cease to have effect with respect to the dispute referred, it may further order that the period between the commencement of the arbitration and the date of the order shall be excluded in computing the time prescribed by this Law or by any other limitation law for the commencement of proceedings (including arbitration) with respect to the dispute referred. (6) In this section \u2014 \u201carbitration\u201d, \u201carbitration agreement\u201d and \u201caward\u201d have the same meanings as in the Arbitration Law (1996 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"New claims in pending actions 41. (1) For the purposes of this Law, any new claim made in the course of an action shall be deemed to be a separate action and to have been commenced in the case of \u2014 (a) a new claim made in or by way of third party proceedings, on the date on which those proceedings were commenced; and (b) any other new claim, on the same date as the original action. (2) In this section \u2014 \u201cnew claim\u201d means a claim by way of set-off or counterclaim, and a claim involving the addition or substitution of either a new cause of action or of a new party; and \u201cthird party proceedings\u201d means proceedings brought in the course of an action by any party to the action against a person not previously a party, other than proceedings brought by joining any such person as defendant to any claim already made in the original action by the party bringing the proceedings. (3) Except as provided by section 39 or by rules of court, a court shall not allow a new claim within paragraph (b) of subsection (1), other than an original set-off or original counterclaim, to be made in the course of an action after the expiry Limitation Law (1996 Revision) of any time limit under this Law which would affect a new action to enforce that claim. For the purposes of this subsection, a claim is an original set-off or an original counterclaim if it is a claim made by way of set-off or counterclaim by a party who had not previously made any claim in the action. (4) Rules of court may provide for allowing a new claim to which subsection (3) applies to be made as therein mentioned, but only if the conditions specified in subsection (5) are satisfied, and subject to any further restrictions the rules may impose. (5) The conditions referred to in subsection (4) are in the case of a claim involving \u2014 (a) a new cause of action, if the new cause of action arises out of the same facts or substantially the same facts as are already in issue on any claim previously made in the original action; and (b) a new party, if the addition or substitution of the new party is necessary for the determination of the original action. (6) The addition or substitution of a new party shall not be regarded for the purposes of paragraph (b) of subsection (5) as necessary for the determination of the original action unless either \u2014 (a) the new party is substituted for a party whose name was given in any claim made in the original action in mistake for the new party\u2019s name; or (b) any claim already made in the original action cannot be maintained by or against an existing party unless the new party is joined or substituted as plaintiff or defendant in that action. (7) Subject to subsection (4), rules of court may provide for allowing a party to any action to claim relief in a new capacity in respect of a new cause of action, notwithstanding that he had no title to make that claim at the date of the commencement of the action. This subsection shall not be taken as prejudicing the power of rules of court to provide for allowing a party to claim relief in a new capacity without adding or substituting a new cause of action. (8) Subsections (3),(4),(5),(6) and (7) apply in relation to a new claim made in the course of third party proceedings as if those proceedings were the original action, and subject to such other modifications as may be prescribed by rules of court in any case or class of case. (9) In this section \u2014 \u201crules of court\u201d means rules made under section 19(3) of the Grand Court Law (1995 Revision) or section 53(1) of the Summary Jurisdiction Law (1995 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Equitable jurisdiction and remedies 42. (1) The following time limits under this Law \u2014 Limitation Law (a) the time limit under section 4(1) for actions founded on tort (other than for libel and slander); (b) the time limit under section 4(2) for actions founded on libel or slander; (c) the time limit under section 7 for actions founded on simple contract; (d) the time limit under section 9 for actions to enforce awards where the submission is not by an instrument under seal; (e) the time limit under section 10 for actions upon a specialty; (f) the time limit under section 11 for actions to recover a sum recoverable by virtue of any instrument of a legislative character; and (g) the time limit under section 30 to enforce a judgment, shall not apply to any claim for specific performance of a contract, an injunction or for other equitable relief, except insofar as any such time limit may be applied by the court by analogy in like manner as any corresponding time limit under the repealed Limitation of Actions Law or the repealed Limitation Act, 1623 of the United Kingdom was applied before the 15th August, 1991. (2) Nothing in this Law shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Application to Crown 43. (1) Except as otherwise expressly provided in this Law and without prejudice to section 44(1), this Law applies to proceedings by or against the Crown, which for the purposes of this section includes any department, branch, agency or organ of Government and any officer of the Crown as such or any person acting on behalf of the Crown, in like manner as it applies to proceedings between subjects. (2) Notwithstanding subsection (1), this Law shall not apply to \u2014 (a) any proceedings by the Crown for the recovery of any tax, duty or interest on any tax or duty; (b) any forfeiture provisions under the Customs Law, 1990 [Law 17 of 1990].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Savings, etc. 44. (1) This Law does not apply to any action or arbitration for which a period of limitation is prescribed by or under any other Law, or to any action or arbitration to which the Crown is a party and for which, if it were between subjects, a period of limitation would be prescribed by or under any such other Law. (2) Nothing in this Law shall \u2014 (a) enable any action to be brought which was barred before the 15th August, 1991; or Limitation Law (1996 Revision) (b) affect any action or arbitration commenced before the 15th August, 1991 or the title to any property which is the subject of any such action or arbitration. Publication in revised form authorised by the Governor in Council this 13th day of August, 1996. Meredith Hew August Clerk of Executive Council\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_1996_01_01\", \"date\": \"1996-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_1996_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_1996_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1991\/12\", \"FRBRdate\": [{\"date\": \"1996-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1991\/12\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1991-0012\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"12 of 1991\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01\", \"FRBRdate\": [{\"date\": \"1996-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1991\/12\/eng@1996-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Limitation Act\", \"actNumber\": \"12 of 1991\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nLIMITATION LAW\n\n(1996 Revision)\nSupplement No. 5 published with Gazette No. 22 of 28th October, 1996.\n\nPage 2\nRevised as at 13th day of August, 1996\nc\n\nPUBLISHING DETAILS\nRevised under the authority of the Law Revision Law (19 of 1975).\n\nOriginally enacted-\n\nLaw 12 of 1991-3rd July, 1991.\n\nRevised this 13th day of August, 1996.\n\nLimitation Law (1996 Revision)\nArrangement of Sections\n\nc\nRevised as at 13th day of August, 1996\nPage 3\n\nCAYMAN ISLANDS\n\nLIMITATION LAW\n(1996 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Preliminary\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions and interpretation .....................................................................................................5\nPART II - Ordinary Time Limits for Different Classes of\nAction\n3.\nOrdinary time limits subject to extension, etc. ............................................................................7\n4.\nTort ............................................................................................................................................7\n5.\nSuccessive conversions .............................................................................................................7\n6.\nTheft ..........................................................................................................................................7\n7.\nSimple contract ..........................................................................................................................8\n8.\nCertain loans .............................................................................................................................8\n9.\nCertain awards ..........................................................................................................................9\n10.\nSpecialty ....................................................................................................................................9\n11.\nSums recoverable by law, etc. ...................................................................................................9\n12.\nContribution ...............................................................................................................................9\n13.\nPersonal injuries ...................................................................................................................... 10\n14.\nSpecial time limit for certain negligence actions ....................................................................... 11\n15.\nOverriding time limit for certain negligence actions .................................................................. 12\n16.\nFatal accidents ........................................................................................................................ 12\n17.\nOperation of time limit under s.16 in relation to different dependants ....................................... 13\n18.\nDefinition of date of knowledge for purposes of ss.13 and 16 ................................................... 13\n19.\nTime limit for actions to recover land ........................................................................................ 14\n\nArrangement of Sections\nLimitation Law\n\nPage 4\nRevised as at 13th day of August, 1996\nc\n\n20.\nProvisions with respect to actions to recover land .................................................................... 15\n21.\nModifications of s.l9 re Crown .................................................................................................. 17\n22.\nRedemption actions ................................................................................................................. 18\n23.\nExtinction of title to land ........................................................................................................... 18\n24.\nLand held on trust .................................................................................................................... 18\n25.\nRecovery of rent ...................................................................................................................... 19\n26.\nRecovery under mortgage ....................................................................................................... 19\n27.\nTrust property .......................................................................................................................... 20\n28.\nClaim of personal estate .......................................................................................................... 21\n29.\nAccount ................................................................................................................................... 21\n30.\nEnforcement of judgments ....................................................................................................... 21\n31.\nAdministration to date back to death ........................................................................................ 21\nPART III - Extension or Exclusion of Ordinary Time Limits\n32.\nDisability .................................................................................................................................. 21\n33.\nExtension for cases where limitation period is period under s.14(3)(b) ..................................... 22\n34.\nAcknowledgement and part-payment ....................................................................................... 22\n35.\nFormal provisions re acknowledgements and part-payments ................................................... 23\n36.\nEffect of acknowledgement or part-payment on other persons ................................................. 24\n37.\nFraud, concealment and mistake ............................................................................................. 25\n38.\nDiscretionary extension of time limit for actions for libel or slander ........................................... 26\n39.\nDiscretionary exclusion ............................................................................................................ 26\nPART IV - Miscellaneous And General\n40.\nArbitrations .............................................................................................................................. 27\n41.\nNew claims in pending actions ................................................................................................. 28\n42.\nEquitable jurisdiction and remedies.......................................................................................... 29\n43.\nApplication to Crown ................................................................................................................ 30\n44.\nSavings, etc. ............................................................................................................................ 30\n\nLimitation Law (1996 Revision)\nSection 1\n\nc\nRevised as at 13th day of August, 1996\nPage 5\n\nCAYMAN ISLANDS\n\nLIMITATION LAW\n(1996 Revision)\nENACTED by the Legislature of the Cayman Islands.\nPART I - Preliminary\n1.\nShort title\n1.\nThis Law may be cited as the Limitation Law (1996 Revision).\n2.\nDefinitions and interpretation\n2.\n(1) In this Law \u2014\n\u201caction\u201d includes any proceedings in a court of law;\n\u201cland\u201d includes any legal or equitable estate or interest therein, including an\ninterest in the proceeds of the sale of land held upon trust for sale;\n\u201cmortgage\u201d includes a charge;\n\u201cpersonal injuries\u201d include any disease and any impairment of a person\u2019s\nphysical or mental condition, and \u201cinjury\u201d and cognate expressions shall be\nconstrued accordingly;\n\u201cpersonal property\u201d means every description of property except land;\n\u201ctrust\u201d has the same meaning as in the Trusts Law (1996 Revision); and\n\u201ctrustee\u201d has the same meaning as in the Trusts Law (1996 Revision).\n(2) For the purposes of this Law but subject to subsection (3), a person shall be\ntreated as under a disability while he is under the age of eighteen years, or is\n\nSection 2\nLimitation Law\n\nPage 6\nRevised as at 13th day of August, 1996\nc\n\nmentally defective within the meaning of section 2 of the Mental Health\nLaw, 1979 [Law 22 of 1979].\n(3) Without prejudice to the definition of \u201cmentally defective\u201d in the Mental\nHealth Law, 1979, a person shall be conclusively presumed, for the purposes\nof subsection (2), to be mentally defective while he \u2014\n(a)\nis liable to be detained under the Mental Health Law, 1979 (otherwise\nthan by virtue of section 4 or 5 of that law);\n(b) is receiving treatment as an in-patient in any hospital within the meaning\nof the Mental Health Law, 1979, without being liable to be detained\nunder that law (otherwise than by virtue of section 4 or 5 of that law),\nbeing treatment which follows without any interval a period during\nwhich he was liable to be detained under that law (otherwise than by\nvirtue of section 4 or 5 of that law); or\n(c)\nhas a guardian appointed of himself under section 14 of the Grand Court\nLaw (1995 Revision).\n(4) Subject to subsection (5), a person shall be treated as claiming through another\nperson if he became entitled by, through, under or by the act of that other\nperson to the right claimed.\n(5) A person becoming entitled to an estate or interest by virtue of a special power\nof appointment shall not be treated as claiming through the appointor.\n(6) A reference in this Law to a right of action to recover land includes a reference\nto a right to enter into possession of the land, and a reference to the bringing of\nsuch an action shall include a reference to the making of such an entry.\n(7) A reference in Part III to a right of action shall include a reference to \u2014\n(a)\na cause of action;\n(b) a right to receive money secured by a mortgage on any property;\n(c)\na right to recover proceeds of the sale of land; and\n(d) a right to receive a share or interest in personal property in the estate of a\ndeceased person.\n(8) A reference in Part III to the date of the accrual of a right of action shall be\nconstrued \u2014\n(a)\nin the case of an action upon a judgment, as a reference to the date on\nwhich the judgment became enforceable; and\n(b) in the case of an action to recover arrears of rent or interest, or damages\nin respect of arrears of rent or interest, as a reference to the date on which\nthe rent or interest became due.\n\nLimitation Law (1996 Revision)\nSection 3\n\nc\nRevised as at 13th day of August, 1996\nPage 7\n\nPART II - Ordinary Time Limits for Different Classes of Action\n3.\nOrdinary time limits subject to extension, etc.\n3.\n(1) This Part gives the ordinary time limits for bringing actions of the various\nclasses mentioned herein.\n(2) The ordinary time limits given in this Part are subject to extension or exclusion\nin accordance with Part III.\n4.\nTort\n4.\n(1) An action founded on tort (other than on libel or slander) shall not be brought\nafter the expiration of six years from the date on which the cause of action\naccrued.\n(2) An action founded on libel or slander shall not be brought after the expiration\nof three years from the date on which the cause of action accrued.\n5.\nSuccessive conversions\n5.\n(1) Where a cause of action in respect of the conversion of a chattel has accrued to\nany person and, before he recovers possession of the chattel, a further\nconversion takes place, an action shall not be brought in respect of the further\nconversion after the expiration of six years from the accrual of the cause of\naction in respect of the original conversion.\n(2) Where any such cause of action has accrued to any person and the period\nprescribed for bringing that action has expired and he has not, during that\nperiod recovered, possession of the chattel, the title of that person to the\nchattel shall be extinguished.\n6.\nTheft\n6.\n(1) The right of any person from whom a chattel is stolen to bring an action in\nrespect of the theft shall not be subject to the time limits under sections 4(1)\nand 5(1) but if his title to the chattel is extinguished under section 5(2) he may\nnot bring an action in respect of a theft preceding the loss of this title, unless\nthe theft in question preceded the conversion from which time began to run for\nthe purposes of section 5(2).\n(2) Subsection (1) shall apply to any conversion related to the theft of a chattel as\nit applies to the theft of a chattel; and, except as hereinafter provided in this\nsection, every conversion following the theft of a chattel before the person\nfrom whom it is stolen recovers possession of it shall be regarded for the\npurposes of this section as related to the theft. If anyone purchases the chattel\nin good faith, neither the purchase nor any conversion following it shall be\nregarded as related to the theft.\n\nSection 7\nLimitation Law\n\nPage 8\nRevised as at 13th day of August, 1996\nc\n\n(3) Any cause of action accruing in respect of the theft or any conversion related\nto the theft of a chattel to any person from whom the chattel is stolen shall be\ndisregarded for the purpose of applying section 5(1) and (2) to his case.\n(4) Where, in any action brought in respect of the conversion of a chattel, it is\nproved that the chattel was stolen from the plaintiff or anyone through whom\nhe claims, it shall be presumed that any conversion following the theft is\nrelated to the theft unless the contrary is shown.\n(5) In this section \u2014\n\u201ctheft\u201d includes \u2014\n(a)\nany conduct outside the Islands which would be theft if committed in the\nIslands; and\n(b) obtaining any chattel, whether in the Islands or elsewhere in the\ncircumstances described in section 235 of the Penal Code (1995\nRevision) or by blackmail within the meaning of section 242 of that\nCode, and references in this section to a chattel being \u201cstolen\u201d shall be\nconstrued accordingly.\n7.\nSimple contract\n7.\nAn action founded on simple contract shall not be brought after the expiration of six\nyears from the date on which the cause of action accrued.\n8.\nCertain loans\n8.\n(1) Subject to subsection (3), section 7 shall not bar the right of action on a\ncontract of loan to which this section applies.\n(2) This section applies to any contract of loan which does not \u2014\n(a)\nprovide for repayment of the debt on or before a fixed or determinable\ndate; and\n(b) effectively (whether or not it purports to do so) make the obligation to\nrepay the debt conditional on a demand for repayment made by or on\nbehalf of the creditor or on any other matter,\nexcept where, in connection with taking the loan, the debtor enters into any\ncollateral obligation to pay the amount of the debt or any part of it (as, for\nexample, by delivering a promissory note, which expression in this subsection,\nhas the same meaning as in section 83 of the Bills of Exchange Law (Revised),\nas security for the debt) on terms which would exclude the application of this\nsection to the contract of loan if they applied directly to repayment of the debt.\n(3) Where a demand in writing for repayment of the debt under a contract of loan\nto which this section applies is made by or on behalf of the creditor (or, where\nthere are joint creditors, by or on behalf of any one or more of them) section 7\n\nLimitation Law (1996 Revision)\nSection 9\n\nc\nRevised as at 13th day of August, 1996\nPage 9\n\nshall thereupon apply as if the cause of action to recover the debt had accrued\non the date on which the demand was made.\n9.\nCertain awards\n9.\nAn action to enforce an award, where the submission is not by an instrument under\nseal, shall not be brought after the expiration of six years from the date on which the\ncause of action accrued.\n10.\nSpecialty\n10. An action upon a specialty shall not be brought after the expiration of twelve years\nfrom the date on which the cause of action accrued:\nProvided that this section shall not affect any action for which a shorter period of\nlimitation is prescribed by any other provision of this Law\n11.\nSums recoverable by law, etc.\n11. An action to recover a sum recoverable by virtue of any instrument of a legislative\ncharacter shall not be brought after the expiration of six years from the date on\nwhich the cause of action accrued:\nProvided that this section shall not affect any action to which section 12 applies.\n12.\nContribution\n12. (1) Where, under section 6 of the Torts (Reform) Law (1996 Revision), a person is\nentitled to a right to recover contribution in respect of any damage from any\nother person, no action to recover contribution by virtue of that right shall be\nbrought after the expiration of two years from the date on which that right\naccrued.\n(2) For the purposes of this section, the date (referred to hereinafter in this section\nas \u201cthe relevant date\u201d) on which a right to recover contribution in respect of\nany damage accrues to any person shall be ascertained as provided in\nsubsections (3) and (4).\n(3) If the person in question is held liable in respect of that damage by \u2014\n(a)\na judgment given in civil proceedings; or\n(b) an award made on an arbitration, the relevant date shall be the date on\nwhich the judgment is given or the date of the award.\nFor the purposes of this subsection, no account shall be taken of any judgment\nor award given or made on appeal insofar as it varies the amount of damages\nawarded against the person in question.\n(4) If, in a case not within subsection (3), the person in question makes or agrees\nto make any payment to one or more persons in compensation for that damage\n(whether or not he admits any liability in respect of the damage), the relevant\ndate shall be the earliest date on which the amount to be paid by him is agreed\n\nSection 13\nLimitation Law\n\nPage 10\nRevised as at 13th day of August, 1996\nc\n\nbetween him and the person (or each of the persons) to whom the payment is\nto be made.\n(5) An action to recover contribution shall be one to which sections 32, 37 and 41\napply, but otherwise Parts III and IV (except sections 40 and 43) shall not\napply for the purposes of this section.\n13.\nPersonal injuries\n13. (1) This section applies to any action for negligence, nuisance or breach of duty\n(whether such duty exists by virtue of a contract, a provision made by or under\nan instrument of a legislative character, or independently of any contract or\nany such provision) where the damages claimed by the plaintiff for the\nnegligence, nuisance or breach of duty consist of or include damages in\nrespect of personal injuries to himself or any other person.\n(2) None of the time limits given in sections 4 to 12 apply to an action to which\nthis section applies.\n(3) An action to which this section applies shall not be brought after the expiration\nof the period applicable in accordance with subsection (4) or (5).\n(4) Except where subsection (5) applies, the period applicable is three\nyears from \u2014\n(a)\nthe date on which the cause of action accrued; or\n(b) the date of knowledge (if later) of the person injured.\n(5) If the person injured dies before the expiration of the period mentioned in\nsubsection (4), the period applicable as respects the cause of action surviving\nfor the benefit of his estate by virtue of section 2 of the Estates Proceedings\nLaw (1995 Revision) shall be three years from \u2014\n(a)\nthe date of death; or\n(b) the date of the personal representative\u2019s knowledge,\nwhichever is the later.\n(6) If there is more than one personal representative, and their dates of knowledge\nare different, paragraph (b) of subsection (5) shall be taken as referring to the\nearliest of those dates.\n(7) For the purposes of this section \u2014\n\u201cpersonal representative\u201d includes any person who is or has been a personal\nrepresentative of the deceased, including an executor who has not proved the\nwill (whether or not he has renounced probate); and regard shall be had to any\nknowledge acquired by any such person while a personal representative or\npreviously.\n\nLimitation Law (1996 Revision)\nSection 14\n\nc\nRevised as at 13th day of August, 1996\nPage 11\n\n14.\nSpecial time limit for certain negligence actions\n14. (1) Subject to subsection (2), this section applies to any action for damages for\nnegligence, other than one to which section 13 applies, where the starting date\nfor reckoning the period of limitation under paragraph (b) of subsection (3)\nfalls after the date on which the cause of action accrued.\n(2) Section 4 shall not apply to an action to which this section applies.\n(3) An action to which this section applies shall not be brought after the\nexpiration of \u2014\n(a)\nsix years from the date on which the cause of action accrued; or\n(b) three years from the starting date as defined by subsection (4), if that\nperiod expires later than the period mentioned in paragraph (a).\n(4) For the purposes of this section, the starting date for reckoning the period of\nlimitation under paragraph (b) of subsection (3) is the earliest date on which\nthe plaintiff or any person in whom the cause of action was vested before him\nfirst had both the knowledge required for bringing an action for damages in\nrespect of the relevant damage and a right to bring such an action. Knowledge\nthat any act or omission did or did not, as a matter of law, involve negligence\nis irrelevant for the purposes of this subsection.\n(5) In subsection (4) \u2014\n\u201cthe knowledge required for bringing an action for damages in respect of the\nrelevant damage\u201d means knowledge of both \u2014\n(a)\nthe material facts about the damage in respect of which damages are\nclaimed; and\n(b) the other facts relevant to the current action mentioned in subsection (7).\n(6) For the purposes of paragraph (a) of subsection (5), the material facts about the\ndamage are such facts about the damage as would lead a reasonable person\nwho had suffered such damage to consider it sufficiently serious to justify his\ninstituting proceedings for damages against a defendant who did not dispute\nliability and was able to satisfy a judgment.\n(7) The other facts relevant to the current action and referred to in paragraph (b) of\nsubsection (5) are \u2014\n(a)\nthat the damage was attributable in whole or in part to the act or omission\nwhich is alleged to constitute the negligence;\n(b) the identity of the defendant; and\n(c)\nif it is alleged that the act or omission was that of any person other than\nthe defendant, the identity of that person and the additional facts\nsupporting the bringing of an action against the defendant.\n\nSection 15\nLimitation Law\n\nPage 12\nRevised as at 13th day of August, 1996\nc\n\n(8) For the purposes of this section, a person\u2019s knowledge includes knowledge\nwhich he might reasonably have been expected to acquire from facts \u2014\n(a)\nobservable or ascertainable by him; or\n(b) ascertainable by him with the help of appropriate expert advice which it\nwas reasonable for him to seek, but a person shall not be taken by virtue\nof this subsection to have knowledge of any fact ascertainable only with\nthe help of expert advice so long as he has taken all reasonable steps to\nobtain (and, where appropriate, to act on) that advice.\n15.\nOverriding time limit for certain negligence actions\n15. (1) An action for damages for negligence, other than one to which section 13\napplies, shall not be brought after the expiration of fifteen years from the date\n(or, if more than one, from the last of the dates) on which there occurred an act\nor omission \u2014\n(a)\nwhich is alleged to constitute the negligence; and\n(b) to which the damage in respect of which damages are claimed is alleged\nto be attributable, whether in whole or in part.\n(2) This section bars the right of action in a case to which subsection (1) applies,\nnotwithstanding that \u2014\n(a)\nthe cause of action has not yet accrued; or\n(b) where section 14 applies to the action, the date which is for the purposes\nof that section the starting date for reckoning the period mentioned in\nparagraph (b) of subsection (3) of that section has not yet occurred,\nbefore the end of the period of limitation prescribed by this section.\n16.\nFatal accidents\n16. (1) An action under Part II of the Torts (Reform) Law (1996 Revision) shall not be\nbrought if the death occurred when the person injured could no longer\nmaintain an action and recover damages in respect of the injury, whether\nbecause of a time limit in this or any other law, or for any other reason. Where\nany such action by the injured person would have been barred by the time limit\nin section 13, no account shall be taken of the possibility of that time limit\nbeing overridden under section 39.\n(2) None of the time limits given in sections 4 to 15 apply to an action under Part\nII of the Torts (Reform) Law (1996 Revision), but no such action shall be\nbrought after the expiration of three years from \u2014\n(a)\nthe date of death; or\n(b) the date of knowledge of the person for whose benefit the action is\nbrought,\nwhichever is the later.\n\nLimitation Law (1996 Revision)\nSection 17\n\nc\nRevised as at 13th day of August, 1996\nPage 13\n\n(3) An action under Part II of the Torts (Reform) Law (1996 Revision) shall be one\nto which sections 32, 39 and 41 apply, and the application to any such action\nof the time limit in subsection (2) shall be subject to section 44(1); but\notherwise Parts III and IV shall not apply to any such action.\n17.\nOperation of time limit under s. 16 in relation to different dependants\n17. (1) Where there is more than one dependent for whose benefit an action is brought\nunder Part II of the Torts (Reform) Law (1996 Revision), paragraph (b) of\nsection 16(2) shall be applied separately to each of them.\n(2) Subject to subsection (3), if by virtue of subsection (1) the action would be\noutside the time limit given by section 16(2) as regards one or more, but not\nall, of the persons for whose benefit it is brought, the court shall direct that any\nperson as regards whom the action would be outside that limit shall be\nexcluded from those for whom the action is brought.\n(3) The court shall not give such a direction if it is shown that if the action were\nbrought exclusively for the benefit of the person in question it would not be\ndefeated by a defence of limitation, whether in consequence of section 32, an\nagreement between the parties not to raise the defence, or otherwise.\n18.\nDefinition of date of knowledge for purposes of ss. 13 and 16\n18. (1) In sections 13 and 16, a reference to a person\u2019s date of knowledge is a\nreference to the date on which he first had knowledge \u2014\n(a)\nthat the injury in question was significant;\n(b) that the injury was attributable in whole or in part to the act or omission\nwhich is alleged to constitute the negligence, nuisance or breach of duty;\n(c)\nof the identity of the defendant; and\n(d) if it is alleged that the act or omission was that of a person other than the\ndefendant, of the identity of that person and of the additional facts\nsupporting the bringing of an action against the defendant,\nand knowledge that any act or omission did or did not, as a matter of law,\ninvolve negligence, nuisance or breach of duty is irrelevant.\n(2) For the purposes of this section, an injury is significant if the person whose\ndate of knowledge is in question would reasonably have considered it\nsufficiently serious to justify his instituting proceedings for damages against a\ndefendant who did not dispute liability and was able to satisfy a judgment.\n(3) For the purposes of this section, a person\u2019s knowledge includes knowledge\nwhich he might reasonably have been expected to acquire from facts \u2014\n(a)\nobservable or ascertainable by him; or\n(b) ascertainable by him with the help of medical or other appropriate expert\nadvice which it was reasonable for him to seek,\n\nSection 19\nLimitation Law\n\nPage 14\nRevised as at 13th day of August, 1996\nc\n\nbut a person shall not be taken by virtue of this subsection to have knowledge\nof any fact ascertainable only with the help of expert advice so long as he has\ntaken all reasonable steps to obtain (and, where appropriate, to act on) that\nadvice.\n19.\nTime limit for actions to recover land\n19. (1) An action shall not be brought by any person to recover any land after the\nexpiration of twelve years from the date on which the right of action accrued\nto him or, if it first accrued to some person through whom he claims, to that\nperson.\n(2) Subject to subsections (3) to (6), where \u2014\n(a)\nthe interest claimed was an interest in reversion, remainder or any other\nfuture interest, and the right of action to recover the land accrued on the\ndate on which the interest fell into possession by the determination of the\npreceding interest; and\n(b) the person entitled to the preceding interest (not being a term of years\nabsolute) was not in possession of the land on that date,\nno action shall be brought by the person entitled to the succeeding interest\nafter the expiration of twelve years from the date on which the right of action\naccrued to the person entitled to the preceding interest or six years from the\ndate on which the right of action accrued to the person entitled to the\nsucceeding interest, whichever period last expires.\n(3) No person shall bring an action to recover any interest in land under an\nassurance taking effect after the right of action to recover the land had accrued\nto the person by whom the assurance was made, some person through whom\nhe claimed or some person entitled to a preceding interest, unless the action is\nbrought within the period in which the person by whom the assurance was\nmade could have brought such an action.\n(4) Where any person is entitled to any interest in land in possession and, while so\nentitled, is also entitled to any future interest in that land, and his right to\nrecover the interest in possession is barred under this Law, no action shall be\nbrought by that person or by any person claiming through him, in respect of\nthe future interest, unless in the meantime possession of the land has been\nrecovered by a person entitled to an intermediate interest.\n(5) Section 20 contains provisions for determining the date of accrual of a right of\naction to recover land in the cases therein mentioned.\n(6) Section 21 contains provisions modifying this section in its application to an\naction brought by, or by a person claiming through, the Crown.\n\nLimitation Law (1996 Revision)\nSection 20\n\nc\nRevised as at 13th day of August, 1996\nPage 15\n\n20.\nProvisions with respect to actions to recover land\n20. (1) Where the person bringing an action to recover land or some person through\nwhom he claims has been in possession of the land, and has while entitled to\nthe land been dispossessed or discontinued his possession, the right of action\nshall be treated as having accrued on the date of such dispossession or\ndiscontinuance.\n(2) Where any person brings an action to recover any land of a deceased person\nand that deceased person was \u2014\n(a)\non the date of his death in possession of the land; and\n(b) the last person entitled to the land to be in possession of it,\nthe right of action shall be treated as having accrued on the date of his death.\n(3) Where any person brings an action to recover land, being an interest in\npossession assured otherwise than by will to himself or to some person\nthrough whom he claims and \u2014\n(a)\nthe person making the assurance was on the date when the assurance took\neffect in possession of the land; and\n(b) no person has been in possession of the land by virtue of the assurance,\nthe right of action shall be treated as having accrued on the date when the\nassurance took effect.\n(4) The right of action to recover any land shall, in any case where \u2014\n(a)\nthe interest claimed was an interest in reversion, remainder or any other\nfuture interest; and\n(b) no person has taken possession of the land by virtue of the interest\nclaimed,\nbe treated as having accrued on the date on which the interest fell into\npossession by the determination of the preceding interest.\n(5) A tenancy from year to year or other period, without a lease in writing, shall,\nfor the purposes of this Law, be treated as being determined at the expiration\nof the first year or other period; and accordingly the right of action of the\nperson entitled to the land subject to the tenancy shall be treated as having\naccrued at the date on which, in accordance with this subsection, the tenancy is\ndetermined:\nProvided that, where any rent has subsequently been received in respect of the\ntenancy, the right of action shall be treated as having accrued on the date of the\nlast receipt of rent.\n\nSection 20\nLimitation Law\n\nPage 16\nRevised as at 13th day of August, 1996\nc\n\n(6) Where \u2014\n(a)\nany person is in possession of land by virtue of a lease in writing (other\nthan a lease granted by the Crown) by which a rent of not less than\ntwenty dollars a year is reserved;\n(b) the rent is received by some person wrongfully claiming to be entitled to\nthe land in reversion immediately expectant on the determination of the\nlease; and\n(c)\nno rent is subsequently received by the person rightfully so entitled,\nthe right of action to recover the land of the person rightfully so entitled shall\nbe treated as having accrued on the date when the rent was first received by\nthe person wrongfully claiming to be so entitled and not on the date of the\ndetermination of the lease.\n(7) Subject to subsection (8), a right of action to recover land by virtue of a\nforfeiture or breach of condition shall be treated as having accrued on the date\non which the forfeiture was incurred or the condition broken.\n(8) If any right referred to in subsection (7) has accrued to a person entitled to an\ninterest in reversion or remainder and the land was not recovered by virtue of\nthat right, the right of action to recover the land shall not be treated as having\naccrued to that person until his interest fell into possession, as if no such\nforfeiture or breach of condition had occurred.\n(9) No right of action to recover land shall be treated as accruing unless the land is\nin the possession of some person in whose favour the period of limitation can\nrun (referred to in this subsection and in subsections (10), (11) and (12) as\n\u201cadverse possession\u201d); and where under subsections (1) to (8) any such right\nof action is treated as accruing on a certain date and no person is in adverse\npossession on that date, the right of action shall not be treated as accruing\nunless and until adverse possession is taken of the land.\n(10) Where a right of action to recover land has accrued and after its accrual, before\nthe right is barred, the land ceases to be in adverse possession, the right of\naction shall no longer be treated as having accrued and no fresh right of action\nshall be treated as accruing unless and until the land is again taken into adverse\npossession.\n(11) For the purpose of determining whether a person occupying any land is in\nadverse possession, it shall not be assumed by implication of law that his\noccupation is by permission of the person entitled to the land merely by virtue\nof the fact that his occupation is not inconsistent with the latter\u2019s present or\nfuture enjoyment of the land:\nProvided that this subsection shall not be taken as prejudicing a finding to the\neffect that a person\u2019s occupation of any land is by implied permission of the\n\nLimitation Law (1996 Revision)\nSection 21\n\nc\nRevised as at 13th day of August, 1996\nPage 17\n\nperson entitled to the land in any case where such a finding is justified on the\nactual facts of the case.\n(12) For the purposes of subsections (9) and (10), receipt of rent under a lease by a\nperson wrongfully claiming to be entitled to the land in reversion immediately\nexpectant on the determination of the lease shall be treated as adverse\npossession.\n(13) Where any land to which the Settled Land Law [Cap. 156] applies or any land\nheld on trust for sale is in the possession of a person entitled to a beneficial\ninterest in the land or in the proceeds of sale (not being a person solely or\nabsolutely entitled to the land or the proceeds), no right of action to recover\nthe land shall be treated for the purposes of this Law as accruing during that\npossession to any person in whom the land is vested as tenant for life or\ntrustee, or to any other person entitled to a beneficial interest in the land or the\nproceeds of sale.\n21.\nModifications of s.l9 re Crown\n21. (1) Subject to subsections (2) and (3), section 19(1) applies to the bringing of an\naction to recover any land by the Crown as if \u201cthirty years\u201d were substituted\nfor \u201ctwelve years\u201d.\n(2) An action to recover foreshore may be brought by the Crown at any time\nbefore the expiration of sixty years from the date mentioned in section 19(1).\n(3) Where any right of action to recover land which has ceased to be foreshore but\nremains in the ownership of the Crown accrued when the land was foreshore,\nthe action may be brought at any time before the expiration of \u2014\n(a)\nsixty years from the date of accrual of the right of action; or\n(b) thirty years from the date when the land ceased to be foreshore,\nwhichever period first expires.\n(4) Notwithstanding section 19(1), when, in the case of any action brought by a\nperson other than the Crown, the right of action first accrued to the Crown\nthrough whom such person claims, the action may be brought at any time\nbefore the expiration of \u2014\n(a)\nthe period during which the action could have been brought by the\nCrown; or\n(b) twelve years from the date on which the right of action accrued to some\nperson other than the Crown,\nwhichever period first expires.\n(5) Section 19(2) shall apply in any case where the Crown is entitled to the\nsucceeding interest as if \u201cthirty years\u201d and twelve years\u201d were respectively\nsubstituted for \u201ctwelve years\u201d and \u201csix years\u201d.\n\nSection 22\nLimitation Law\n\nPage 18\nRevised as at 13th day of August, 1996\nc\n\n22.\nRedemption actions\n22. When a mortgagee of land has been in possession of any of such land for a period of\ntwelve years, no action to redeem the land of which the mortgagee has been so in\npossession shall be brought by the mortgagor or any person claiming through him\nafter the end of that period.\n23.\nExtinction of title to land\n23. Subject to \u2014\n(a)\nsection 24; and\n(b) section 135 of the Registered Land Law (1995 Revision),\nat the expiration of the period prescribed by this Law for any person to bring\nan action to recover land, including a redemption action, the title of that person\nto the land shall be extinguished.\n24.\nLand held on trust\n24. (1) Subject to section 27(1) and (2), this Law applies to equitable interests in land,\nincluding interests in the proceeds of the sale of land held upon trust for sale,\nas they apply to legal interests. Accordingly a right of action to recover the\nland shall, for the purposes of this Law but not otherwise, be treated as\naccruing to a person entitled in possession to such an equitable interest in the\nlike manner and circumstances, and on the same date, as it would accrue if his\ninterest were a legal interest in the land, and any relevant provision of\nsection 20 shall apply in any such case accordingly.\n(2) Where the period prescribed by this Law has expired for the bringing of an\naction to recover land by a tenant for life of land to which the Settled Land\nLaw [Cap. 156] applies \u2014\n(a)\nhis interest shall not be extinguished if and so long as the right of action\nto recover the land of any person entitled to a beneficial interest in the\nland either has not accrued or has not been barred by this Law; and\n(b) the interest shall accordingly remain vested in the tenant for life and shall\ndevolve in accordance with the Settled Land Law,\nbut if and when every such right of action has been barred by this Law, his\ninterest shall be extinguished.\n(3) Where any land is held upon trust (including a trust for sale) and the period\nprescribed by this Law has expired for the bringing of an action to recover the\nland by the trustees, the estate of the trustees shall not be extinguished if and\nso long as the right of action to recover the land of any person entitled to a\nbeneficial interest in the land or in the proceeds of sale either has not accrued\nor has not been barred by this Law; but if and when every such right of action\nhas been so barred the interest of the trustees shall be extinguished.\n\nLimitation Law (1996 Revision)\nSection 25\n\nc\nRevised as at 13th day of August, 1996\nPage 19\n\n(4) Where any land is held upon trust (including a trust for sale), an action to\nrecover the land may be brought by the trustees on behalf of any person\nentitled to a beneficial interest in possession in the land or in the proceeds of\nsale whose right of action has not been barred by this Law, notwithstanding\nthat the right of action of the trustees would, apart from this provision, have\nbeen barred by this Law.\n25.\nRecovery of rent\n25. No action shall be brought or distress made to recover arrears of rent or damages in\nrespect of arrears of rent, after the expiration of six years from the date on which the\narrears became due.\n26.\nRecovery under mortgage\n26. (1) No action shall be brought to recover \u2014\n(a)\nany principal sum secured by a mortgage on land or on personal\nproperty; or\n(b) proceeds of the sale of land,\nafter the expiration of twelve years from the date on which the right to receive\nsuch principal sum or proceeds accrued.\n(2) No foreclosure action in respect of mortgaged personal property shall be\nbrought after the expiration of twelve years from the date on which the right to\nforeclose accrued:\nProvided that if the mortgagee was in possession of the mortgaged property\nafter that date, the right to foreclose on the property which was in his\npossession shall not be treated as having accrued for the purposes of this\nsubsection until the date on which his possession discontinued.\n(3) The right to receive any principal sum secured by a mortgage and the right to\nforeclose on the property subject to the mortgage shall not be treated as\naccruing so long as that property comprises any future interest or any life\ninsurance policy which has not matured or been determined.\n(4) Subject to subsections (5) and (6), no action to recover arrears of interest\npayable in respect of any sum secured by a mortgage or payable in respect of\nproceeds of the sale of land, or to recover damages in respect of such arrears,\nshall be brought after the expiration of six years from the date on which the\ninterest became due.\n(5) Where \u2014\n(a)\na prior mortgagee or other incumbrancer has been in possession of the\nmortgaged property; and\n(b) an action is brought within one year of the discontinuance of that\npossession by the subsequent incumbrancer,\n\nSection 27\nLimitation Law\n\nPage 20\nRevised as at 13th day of August, 1996\nc\n\nthe subsequent incumbrancer may recover by that action all the arrears of\ninterest which fell due during the period of possession by the prior\nincumbrancer or damages in respect of those arrears, notwithstanding that the\nperiod exceeded six years.\n(6) Where \u2014\n(a)\nthe property subject to the mortgage comprises any future interest or any\nlife insurance policy; and\n(b) it is a term of the mortgage that arrears of interest shall be treated as part\nof the principal sum secured by the mortgage,\ninterest shall not be treated as becoming due before the right to recover the\nprincipal sum has accrued or is treated as having accrued.\n27.\nTrust property\n27. (1) No period of limitation prescribed by this Law applies to an action by a\nbeneficiary under a trust, being an action \u2014\n(a)\nin respect of any fraud or fraudulent breach of trust to which the trustee\nwas a party or privy; or\n(b) to recover from the trustee trust property, or the proceeds of trust\nproperty in the possession of the trustee or previously received by him\nand converted to his use.\n(2) Where a trustee who is also a beneficiary under the trust receives or retains\ntrust property or its proceeds as his share on a distribution of trust property\nunder the trust, his liability in any action brought by virtue of paragraph (b) of\nsubsection (1) to recover that property or its proceeds after the expiration of\nthe period of limitation prescribed by this Law for bringing an action to\nrecover trust property shall be limited to the excess over his proper share. This\nsubsection only applies if the trustee acted honestly and reasonably in making\nthe distribution.\n(3) Subject to subsections (1) and (2), an action by a beneficiary to recover trust\nproperty or in respect of any breach of trust, not being an action for which\nanother period of limitation is prescribed by any other provision of this Law,\nshall not be brought after the expiration of six years from the date on which\nthe right of action accrued. For the purposes of this subsection, the right of\naction shall not be treated as having accrued to any beneficiary entitled to a\nfuture interest in the trust property until the interest fell into possession.\n(4) No beneficiary, as against whom there would be a good defence under this\nLaw, shall derive any greater or other benefit from a judgment or order\nobtained by any other beneficiary than he could have obtained if he had\nbrought the action and this Law had been pleaded in defence.\n\nLimitation Law (1996 Revision)\nSection 28\n\nc\nRevised as at 13th day of August, 1996\nPage 21\n\n28.\nClaim of personal estate\n28. Subject to section 27(1) and (2), no action \u2014\n(a)\nin respect of any claim to personal property in the estate of a deceased\nperson or to any share or interest in any such estate shall be brought after\nthe expiration of twelve years from the date on which the right to receive\nthe share or interest accrued; and\n(b) to recover arrears of interest in respect of any legacy, or damages in\nrespect of such arrears, shall be brought after the expiration of six years\nfrom the date on which the interest became due.\n29.\nAccount\n29. An action for an account shall not be brought after the expiration of any time limit\nunder this Law which is applicable to the claim which is the basis of the duty to\naccount.\n30.\nEnforcement of judgments\n30. (1) An action shall not be brought upon any judgment after the expiration of six\nyears from the date on which the judgment became enforceable.\n(2) No arrears of interest in respect of any judgment debt shall be recovered after\nthe expiration of six years from the date on which the interest became due.\n31.\nAdministration to date back to death\n31. For the purposes of this Law relating to an action for the recovery of land, an\nadministrator of the estate of a deceased person shall be treated as claiming as if\nthere had been no interval of time between the death of the deceased person and the\ngrant of the letters of administration.\nPART III - Extension or Exclusion of Ordinary Time Limits\n32.\nDisability\n32. (1) Subject to subsections (2) to (7), if, on the date when any right of action\naccrued for which a period of limitation is prescribed by this Law, the person\nto whom it accrued was under a disability, the action may be brought at any\ntime before the expiration of six years from the date when he ceased to be\nunder a disability or died (whichever first occurred), notwithstanding that the\nperiod of limitation has expired.\n(2) This section shall not affect any case where the right of action first accrued to\nsome person not under a disability through whom the person under a disability\nclaims.\n\nSection 33\nLimitation Law\n\nPage 22\nRevised as at 13th day of August, 1996\nc\n\n(3) When a right of action which has accrued to a person under a disability\naccrues, on the death of that person while still under a disability, to another\nperson under a disability, no further extension of time shall be allowed by\nreason of the disability of the second person.\n(4) No action to recover land or money charged on land shall be brought by virtue\nof this section by any person after the expiration of thirty years from the date\non which the right of action accrued to that person or some person through\nwhom he claims.\n(5) If the action is one to which section 4(2) applies, subsection (1) shall apply to\nthat action as if \u201cby him at any time before the expiration of three years from\nthe date when he ceased to be under a disability\u201d were substituted for \u201cat any\ntime before the expiration of six years from the date when he ceased to be\nunder a disability or died (whichever first occurred)\u201d.\n(6) If the action is one to which section 12 applies, subsection (1) shall apply as if\n\u201ctwo years\u201d were substituted for \u201csix years\u201d.\n(7) If the action is one to which section 13 or 16(2) applies, subsection (1) shall\napply as if \u201cthree years\u201d were substituted for \u201csix years\u201d.\n33.\nExtension for cases where limitation period is period under s. 14(3)(b)\n33. (1) Subject to subsection (2), if in the case of any action for which a period of\nlimitation is prescribed by section 14 \u2014\n(a)\nthe period applicable in accordance with subsection (3) of that section is\nthe period mentioned in paragraph (b) of that subsection;\n(b) on the date which is for the purposes of that section the starting date for\nreckoning that period, the person by reference to whose knowledge that\ndate fell to be determined under subsection (4) of that section was under\na disability; and\n(c)\nsection 32 does not apply to the action,\nthe action may be brought at any time before the expiration of three years from\nthe date when he ceased to be under a disability or died (whichever first\noccurred), notwithstanding that the period mentioned above has expired.\n(2) An action may not be brought by virtue of subsection (1) after the end of the\nperiod of limitation prescribed by section 15.\n34.\nAcknowledgement and part-payment\n34. (1) Subsections (2) and (3) apply where any right of action (including a\nforeclosure action) to recover land or any right of a mortgagee of a personal\nproperty to bring a foreclosure action in respect of the property has accrued.\n(2) If the person in possession of the land or personal property acknowledges the\ntitle of the person to whom the right of action has accrued the right shall be\n\nLimitation Law (1996 Revision)\nSection 35\n\nc\nRevised as at 13th day of August, 1996\nPage 23\n\ntreated as having accrued on and not before the date of such\nacknowledgement.\n(3) In the case of a foreclosure or other action by a mortgagee, if the person in\npossession of the land or personal property, or the person liable for the\nmortgage debt, makes any payment in respect of the debt (whether of principal\nsum or interest) the right shall be treated as having accrued on and not before\nthe date of such payment.\n(4) Where a mortgagee is by virtue of the mortgage in possession of any\nmortgaged land and either \u2014\n(a)\nreceives any sum in respect of the principal sum or interest of the\nmortgage debt; or\n(b) acknowledges the title of the mortgagor,\nan action to redeem the land in his possession may be brought at any time\nbefore the expiration of twelve years from the date of such receipt or\nacknowledgement.\n(5) Subject to subsection (6), where any right of action has accrued to recover \u2014\n(a)\nany debt or other liquidated pecuniary claim; or\n(b) any claim to the personal property in the estate of a deceased person or to\nany share or interest in any such property,\nand the person liable or accountable for the claim acknowledges the claim or\nmakes any payment in respect of it, the right shall be treated as having accrued\non and not before the date of such acknowledgement or payment.\n(6) A payment of a part of the rent or interest due at any time shall not extend the\nperiod for claiming the remainder then due, but any payment of interest shall\nbe treated as a payment in respect of the principal debt.\n(7) Subject to subsection (6), a current period of limitation may be repeatedly\nextended under this section by further acknowledgements or payments, but a\nright of action, once barred by this Law, shall not be revived by any\nsubsequent acknowledgement or payment.\n35.\nFormal provisions re acknowledgements and part-payments\n35. (1) To be effective for the purposes of section 34, an acknowledgement must be in\nwriting and signed by the person making it.\n(2) For the purposes of section 34, any acknowledgement or payment \u2014\n(a)\nmay be made by the agent of the person by whom it is required to be\nmade under that section; and\n(b) shall be made to the person, or to an agent of the person, whose title or\nclaim is being acknowledged or, as the case may be, in respect of whose\nclaim the payment is being made.\n\nSection 36\nLimitation Law\n\nPage 24\nRevised as at 13th day of August, 1996\nc\n\n36.\nEffect of acknowledgement or part-payment on other persons\n36. (1) An acknowledgement of the title to any land or mortgaged personal property\nby any person in possession of it shall bind all other persons in possession\nduring the ensuing period of limitation.\n(2) A payment in respect of a mortgage debt by the mortgagor or any other person\nliable for the debt, or by any person in possession of the mortgaged property,\nshall, so far as any right of the mortgagee to foreclose or otherwise to recover\nthe property is concerned, bind all other persons in possession of the\nmortgaged property during the ensuing period of limitation.\n(3) Where two or more mortgagees are, by virtue of the mortgage, in possession\nof the mortgaged land, an acknowledgement of the mortgagor\u2019s title by one of\nthe mortgagees shall only bind him and his successors and shall not bind any\nother mortgagee or his successors.\n(4) Where, in a case within subsection (3), the mortgagee by whom the\nacknowledgement is given is entitled to a part of the mortgaged land and not to\nany ascertained part of the mortgage debt, the mortgagor shall be entitled to\nredeem that part of the land on payment, with interest, of the part of the\nmortgage debt which bears the same proportion to the whole of the debt as the\nvalue of the part of the land bears to the whole of the mortgaged land.\n(5) Where there are two or more mortgagors, and the title of one of them is\nacknowledged\nas\nhereinbefore\nmentioned\nin\nthis\nsection,\nthe\nacknowledgement shall be treated as having been made to all of them.\n(6) An acknowledgement of any debt or other liquidated pecuniary claim shall\nbind the acknowledgor and his successors but not any other person.\n(7) A payment made in respect of any debt or other liquidated pecuniary claim\nshall bind all persons liable in respect of the debt or claim.\n(8) An acknowledgement by one of several personal representatives of a claim to\nthe personal property in the estate of a deceased person or to any share or\ninterest therein, or a payment by one of several representatives in respect of\nany such claim, shall bind the estate of the deceased person.\n(9) In this section \u2014\n\u201csuccessors\u201d, in relation to any mortgagee or person liable in respect of any\ndebt or claim, means his personal representatives and any other persons on\nwhom the rights under the mortgage or, as the case may be, the liability in\nrespect of the debt or claim devolve (whether on death, bankruptcy, the\ndisposition of property, or the determination of a limited estate or interest in\nsettled property or otherwise).\n\nLimitation Law (1996 Revision)\nSection 37\n\nc\nRevised as at 13th day of August, 1996\nPage 25\n\n37.\nFraud, concealment and mistake\n37. (1) Subject to subsection (3), where in the case of any action for which a period of\nlimitation is prescribed by this Law, either \u2014\n(a)\nthe action is based upon the fraud of the defendant;\n(b) any fact relevant to the plaintiff\u2019s right of action has been deliberately\nconcealed from him by the defendant; or\n(c)\nthe action is for relief from the consequences of a mistake,\nthe period of limitation does not begin to run until the plaintiff has discovered,\nor could with reasonable diligence have discovered, the fraud, concealment or\nmistake. References in this subsection to the defendant include references to\nthe defendant\u2019s agent, and to any person through whom the defendant claims,\nand his agent.\n(2) For the purposes of subsection (1), deliberate commission of a breach of duty\nin circumstances in which it is unlikely to be discovered for some time\namounts to deliberate concealment of the facts involved in that breach of duty.\n(3) Nothing in this section shall enable any action \u2014\n(a)\nto recover, or recover the value of, any property; or\n(b) to enforce any charge against, or set aside any transaction affecting, any\nproperty,\nto be brought against the purchaser of that property or any person claiming\nthrough him in any case where the property has been purchased for valuable\nconsideration by an innocent third party since the fraud, concealment or\ntransaction in which the mistake was made took place\n(4) A purchaser is an innocent third party for the purposes of this section in the\ncase of \u2014\n(a)\nfraud or concealment of any fact relevant to the plaintiff\u2019s right of action,\nif he was not a party to the fraud or concealment and at the time of the\npurchase did not know or have reason to believe that the fraud or\nconcealment had taken place; and\n(b) mistake, if at the time of the purchase he did not know or have reason to\nbelieve that the mistake had been made.\n(5) Sections 14 and 15 do not apply to any action to which paragraph (b) of\nsubsection (1) applies, and accordingly the period of limitation referred to in\nthat subsection, in any case to which either of those sections would otherwise\napply, is the period applicable under section 4.\n\nSection 38\nLimitation Law\n\nPage 26\nRevised as at 13th day of August, 1996\nc\n\n38.\nDiscretionary extension of time limit for actions for libel or slander\n38. Where a person to whom a cause of action for libel or slander has accrued has not\nbrought such an action within the period of three years mentioned in section 4(2)\n(or, where applicable, the period allowed by section 32(1) as modified by\nsubsection (5) of that section) because all or any of the facts relevant to that cause of\naction did not become known to him until after the expiration of that period, such an\naction may be brought by him at any time before the expiration of one year from the\nearliest date on which he knew all the facts relevant to that cause of action; but shall\nin no case be so brought without the leave of the Grand Court.\n39.\nDiscretionary exclusion\n39. (1) If it appears to the court that it would be equitable to allow an action to\nproceed having regard to the degree to which \u2014\n(a)\nsection 13 or 16 prejudices the plaintiff or any person whom he\nrepresents; and\n(b) any decision of the court under this subsection would prejudice the\ndefendant or any person whom he represents,\nthe court may direct that those provisions shall not apply to the action, or shall\nnot apply to any specified cause of action to which the action relates.\n(2) The court shall not, under this section, disapply section 16(1) except where the\nreason why the person injured could no longer maintain an action was because\nof the time limit in section 13.\n(3) In acting under this section, the court shall have regard to all the circumstances\nof the case and, in particular, to \u2014\n(a)\nthe length of, and the reasons for, the delay on the part of the plaintiff;\n(b) the extent to which, having regard to the delay, the evidence adduced or\nlikely to be adduced by the plaintiff or the defendant is or is likely to be\nless cogent than if the action had been brought within the time allowed\nby section 13 or 16 (as the case may be);\n(c)\nthe conduct of the defendant after the cause of action arose, including the\nextent, if any, to which he responded to requests reasonably made by the\nplaintiff for information or inspection for the purpose of ascertaining\nfacts which were or might be relevant to the plaintiff\u2019s cause of action\nagainst the defendant;\n(d) the duration of any disability of the plaintiff arising after the date of the\naccrual of the cause of action;\n(e)\nthe extent to which the plaintiff acted promptly and reasonably once he\nknew whether or not the act or omission of the defendant, to which the\ninjury was attributable, might be capable at that time of giving rise to an\naction for damages; and\n\nLimitation Law (1996 Revision)\nSection 40\n\nc\nRevised as at 13th day of August, 1996\nPage 27\n\n(f)\nthe steps, if any, taken by the plaintiff to obtain medical, legal or other\nexpert advice and the nature of any such advice he may have received.\n(4) In a case where the person injured died when, because of section 13, he could\nno longer maintain an action and recover damages in respect of the injury, the\ncourt shall have regard in particular to the length of, and the reasons for, the\ndelay on his part.\n(5) In a case under subsection (4) or any other case where the time limit or one of\nthe time limits depends on the date of knowledge of a person other than the\nplaintiff, subsection (3) has effect mutatis mutandis and in particular as if a\nreference to the plaintiff included a reference to any person whose date of\nknowledge is or was relevant in determining the time limit.\n(6) A direction by the court disapplying section 16(1) shall operate to disapply to\nthe same effect section 3 of the Torts (Reform) Law (1996 Revision).\n(7) A reference in this section to section 13 includes a reference to that section as\nextended by this Part or Part IV.\n(8) In this section \u2014\n\u201ccourt\u201d means the court in which the action has been brought.\nPART IV - Miscellaneous And General\n40.\nArbitrations\n40. (1) This Law and any other limitation law, which latter expression in this section\nmeans any other law relating to the limitation of actions (whether passed\nbefore or after the 15th August, 1991 apply to arbitrations as they apply to\nactions in the Grand Court.\n(2) Notwithstanding any term in an arbitration agreement to the effect that no\ncause of action shall accrue in respect of any matter required by the agreement\nto be referred until an award is made thereunder, the cause of action shall, for\nthe purpose of this Law and any other limitation law (whether in their\napplication to an arbitration or to other proceedings), be deemed to have\naccrued in respect of any such matter at the time when it would have accrued\nbut for that term in the agreement.\n(3) For the purposes of this Law and of any other limitation law, an arbitration is\ntreated as being commenced \u2014\n(a)\nwhen one party to the arbitration serves on the other party or parties a\nnotice requiring him or them to appoint an arbitrator or to agree to the\nappointment of an arbitrator; or\n(b) where the arbitration agreement provides that the reference shall be to a\nperson named or designated in the agreement, when one party to the\n\nSection 41\nLimitation Law\n\nPage 28\nRevised as at 13th day of August, 1996\nc\n\narbitration serves on the other party or parties a notice requiring him or\nthem to submit the dispute to the person so named or designated.\n(4) Any such notice may be served by \u2014\n(a)\nhanding it to the person on whom it is to be served;\n(b) leaving it at his usual or last-known place of abode in the Islands; or\n(c)\nsending it by registered post to him at his usual or last-known postal\naddress in the Islands,\nas well as in any other manner provided in the arbitration agreement.\n(5) Where the Grand Court orders \u2014\n(a)\nthat an award be set aside; or\n(b) after the commencement of an arbitration, that the arbitration agreement\nshall cease to have effect with respect to the dispute referred,\nit may further order that the period between the commencement of the\narbitration and the date of the order shall be excluded in computing the time\nprescribed by this Law or by any other limitation law for the commencement\nof proceedings (including arbitration) with respect to the dispute referred.\n(6) In this section \u2014\n\u201carbitration\u201d, \u201carbitration agreement\u201d and \u201caward\u201d have the same meanings as\nin the Arbitration Law (1996 Revision).\n41.\nNew claims in pending actions\n41. (1) For the purposes of this Law, any new claim made in the course of an action\nshall be deemed to be a separate action and to have been commenced in the\ncase of \u2014\n(a)\na new claim made in or by way of third party proceedings, on the date on\nwhich those proceedings were commenced; and\n(b) any other new claim, on the same date as the original action.\n(2) In this section \u2014\n\u201cnew claim\u201d means a claim by way of set-off or counterclaim, and a claim\ninvolving the addition or substitution of either a new cause of action or of a\nnew party; and\n\u201cthird party proceedings\u201d means proceedings brought in the course of an\naction by any party to the action against a person not previously a party, other\nthan proceedings brought by joining any such person as defendant to any claim\nalready made in the original action by the party bringing the proceedings.\n(3) Except as provided by section 39 or by rules of court, a court shall not allow a\nnew claim within paragraph (b) of subsection (1), other than an original set-off\nor original counterclaim, to be made in the course of an action after the expiry\n\nLimitation Law (1996 Revision)\nSection 42\n\nc\nRevised as at 13th day of August, 1996\nPage 29\n\nof any time limit under this Law which would affect a new action to enforce\nthat claim. For the purposes of this subsection, a claim is an original set-off or\nan original counterclaim if it is a claim made by way of set-off or counterclaim\nby a party who had not previously made any claim in the action.\n(4) Rules of court may provide for allowing a new claim to which subsection (3)\napplies to be made as therein mentioned, but only if the conditions specified in\nsubsection (5) are satisfied, and subject to any further restrictions the rules\nmay impose.\n(5) The conditions referred to in subsection (4) are in the case of a claim\ninvolving \u2014\n(a)\na new cause of action, if the new cause of action arises out of the same\nfacts or substantially the same facts as are already in issue on any claim\npreviously made in the original action; and\n(b) a new party, if the addition or substitution of the new party is necessary\nfor the determination of the original action.\n(6) The addition or substitution of a new party shall not be regarded for the\npurposes of paragraph (b) of subsection (5) as necessary for the determination\nof the original action unless either \u2014\n(a)\nthe new party is substituted for a party whose name was given in any\nclaim made in the original action in mistake for the new party\u2019s name; or\n(b) any claim already made in the original action cannot be maintained by or\nagainst an existing party unless the new party is joined or substituted as\nplaintiff or defendant in that action.\n(7) Subject to subsection (4), rules of court may provide for allowing a party to\nany action to claim relief in a new capacity in respect of a new cause of action,\nnotwithstanding that he had no title to make that claim at the date of the\ncommencement of the action. This subsection shall not be taken as prejudicing\nthe power of rules of court to provide for allowing a party to claim relief in a\nnew capacity without adding or substituting a new cause of action.\n(8) Subsections (3),(4),(5),(6) and (7) apply in relation to a new claim made in the\ncourse of third party proceedings as if those proceedings were the original\naction, and subject to such other modifications as may be prescribed by rules\nof court in any case or class of case.\n(9) In this section \u2014\n\u201crules of court\u201d means rules made under section 19(3) of the Grand Court\nLaw (1995 Revision) or section 53(1) of the Summary Jurisdiction Law (1995\nRevision).\n42.\nEquitable jurisdiction and remedies\n42. (1) The following time limits under this Law \u2014\n\nSection 43\nLimitation Law\n\nPage 30\nRevised as at 13th day of August, 1996\nc\n\n(a)\nthe time limit under section 4(1) for actions founded on tort (other than\nfor libel and slander);\n(b) the time limit under section 4(2) for actions founded on libel or slander;\n(c)\nthe time limit under section 7 for actions founded on simple contract;\n(d) the time limit under section 9 for actions to enforce awards where the\nsubmission is not by an instrument under seal;\n(e)\nthe time limit under section 10 for actions upon a specialty;\n(f)\nthe time limit under section 11 for actions to recover a sum recoverable\nby virtue of any instrument of a legislative character; and\n(g) the time limit under section 30 to enforce a judgment,\nshall not apply to any claim for specific performance of a contract, an\ninjunction or for other equitable relief, except insofar as any such time limit\nmay be applied by the court by analogy in like manner as any corresponding\ntime limit under the repealed Limitation of Actions Law or the repealed\nLimitation Act, 1623 of the United Kingdom was applied before the 15th\nAugust, 1991.\n(2) Nothing in this Law shall affect any equitable jurisdiction to refuse relief on\nthe ground of acquiescence or otherwise.\n43.\nApplication to Crown\n43. (1) Except as otherwise expressly provided in this Law and without prejudice to\nsection 44(1), this Law applies to proceedings by or against the Crown, which\nfor the purposes of this section includes any department, branch, agency or\norgan of Government and any officer of the Crown as such or any person\nacting on behalf of the Crown, in like manner as it applies to proceedings\nbetween subjects.\n(2) Notwithstanding subsection (1), this Law shall not apply to \u2014\n(a)\nany proceedings by the Crown for the recovery of any tax, duty or\ninterest on any tax or duty;\n(b) any forfeiture provisions under the Customs Law, 1990 [Law 17 of 1990].\n44.\nSavings, etc.\n44. (1) This Law does not apply to any action or arbitration for which a period of\nlimitation is prescribed by or under any other Law, or to any action or\narbitration to which the Crown is a party and for which, if it were between\nsubjects, a period of limitation would be prescribed by or under any such\nother Law.\n(2) Nothing in this Law shall \u2014\n(a)\nenable any action to be brought which was barred before the 15th\nAugust, 1991; or\n\nLimitation Law (1996 Revision)\nSection 44\n\nc\nRevised as at 13th day of August, 1996\nPage 31\n\n(b) affect any action or arbitration commenced before the 15th August, 1991\nor the title to any property which is the subject of any such action or\narbitration.\nPublication in revised form authorised by the Governor in Council this 13th day of\nAugust, 1996.\nMeredith Hew\nAugust Clerk of Executive Council","akn_extracted_at":"2026-06-22 15:34:31.685806+00","cms_id":"1991-0012","law_type":"principal","year":"1991","number":"12","title":"Limitation Act","status":"in_force"},"provenance":{"files":[{"file_id":"4911","expr_id":"106","kind":"akn_xml","filename":"1991-0012_1996 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1991\/1991-0012\/1991-0012_1996 Revision.akn.xml","content_md5":"f9270250f58a9c92b04ba05a76d0271d","byte_size":"69707","http_last_modified":null,"fetched_at":"2026-06-22 15:34:32.267044+00"},{"file_id":"211","expr_id":"106","kind":"pristine_pdf","filename":"1991-0012_1996 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1991\/1991-0012\/1991-0012_1996 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1991\/1991-0012\/1991-0012_1996 Revision.pdf","content_md5":"c601c7c2c22c4577fc661a495034c119","byte_size":"510253","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.939005+00"},{"file_id":"212","expr_id":"106","kind":"working_pdf","filename":"1991-0012_1996 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1991\/1991-0012\/1991-0012_1996 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1991\/1991-0012\/1991-0012_1996 Revision.pdf","content_md5":"c601c7c2c22c4577fc661a495034c119","byte_size":"510253","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.939005+00"}],"paragraph_count":36,"latest_history":null},"quality":{"expr_id":"106","doc_id":"106","quality_state":"needs_review","quality_score":"85","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears truncated; full text verification needed. 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