20Application to court as to cause of action under this Part

20 Application to court as to cause of action under this Part

S. 20(1) amended by No. 9884 s. 6(a)(b).

(1) Not more than one action shall lie for and in respect of the same subject-matter of complaint, and (subject to subsection (1A)) every such action shall be commenced within six years after the death of such deceased person or, where an application is made to a court under subsection (2), within the period referred to in the order of the court.

S. 20(1A) inserted by No. 9884 s. 7.

(1A) Where the death of a deceased person was caused by an injury consisting of a disease or disorder contracted by a person and the person did not know before he died—

(a) that he had suffered the injury; or

(b) that the injury was caused by the act or omission of some person—

an action in respect of the injury shall be commenced within six years after the date when the person claiming to have a cause of action under this Part first knows—

(c) that the death was caused by the injury; and

(d) that the injury was caused by the act or omission of some person—

or, where an application is made to a court under subsection (2), within the period referred to in the order of the court.

S. 20(2) amended by No. 9884 s. 8.

(2) Where on an application to a court by a person claiming to have a cause of action under this Part, it appears to the court that—

(a) the death of the deceased person was caused by a wrongful act, neglect or default; and

(b) the deceased did not before his death bring an action in respect of the wrongful act neglect or default—

the court subject to subsection (3) and after hearing such of the persons likely to be affected by that application as it sees fit, may, if it decides that it is just and reasonable so to do, order that the period within which an action on the cause of action may be brought be extended for such period as it determines.

S. 20(3) substituted by No. 9884 s. 9.

(3) In exercising the powers conferred on it by subsection (2) a court shall have regard to all the circumstances of the case including (without derogating from the generality of the foregoing) the following—

(a) the length of and reasons for the delay on the part of the deceased or the claimant or each of them (as the case may be);

(b) the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;

(c) the extent, if any, to which the defendant had taken steps to make available to the deceased or the claimant or each of them (as the case may be) means of ascertaining facts which were or might be relevant to the cause of action of the deceased or the claimant or each of them (as the case may be) against the defendant;