4Existing causes of action for personal injuries may be extended where latent injury etc

4 Existing causes of action for personal injuries may be extended where latent injury etc

4 Existing causes of action for personal injuries may be extended where latent injury etc

(1) Section 60G also applies to a cause of action, founded on negligence, nuisance or breach of duty, being a cause of action that accrued or would have accrued before 1 September 1990, but does not apply to a cause of action arising under the Compensation to Relatives Act 1897.

(2) Section 60H also applies to—

(a) a cause of action for damages arising under the Compensation to Relatives Act 1897 by virtue of the death of a person caused by a wrongful act, neglect or default, or

(b) a cause of action that would arise under the Compensation to Relatives Act 1897 but for the expiration as against the deceased of a limitation period,

being a cause of action that accrued or would have accrued before 1 September 1990.

(3) Sections 60G and 60H so apply—

(a) whether or not a relevant limitation period has expired—

(i) before 1 September 1990, or

(ii) before an application is made under either of those sections in respect of the cause of action, and

(b) whether or not an action has been commenced on the cause of action before 1 September 1990, and

(c) whether or not a judgment on the cause of action has, on the ground that a limitation period applying to the cause of action had expired before 1 September 1990, been given (whether before, on or after that date), and

(d) whether or not a judgment in respect of legal professional negligence has, on the ground that a limitation period applying to the cause of action had expired before 1 September 1990, been given (whether before, on or after that date).

(4) The court may make an order under section 60G or 60H, in relation to a cause of action referred to in this clause, if an application for such an order is made within—

(a) the period of 3 years referred to in section 60I, or