Limitation Act 1935

Notwithstanding the foregoing provisions of this Act but subject to the provisions of subsection (2) and (3), no action shall be brought against any person (excluding the Crown) for any act done in pursuance or execution or intended execution of any Act, or of any public duty or authority, or in respect of any neglect or default in the execution of the Act, duty or authority, unless —

the prospective plaintiff gives to the prospective defendant, as soon as practicable after the cause of action accrues, notice in writing giving reasonable information of the circumstances upon which the proposed action will be based and his name and address and that of his solicitor or agent, if any; and

the action is commenced before the expiration of one year from the date on which the cause of action accrued,

A person may consent in writing to the bringing of an action against him at any time before the expiration of 6 years from the date on which the cause of action accrued whether or not the notice as required by subsection (1) has been given.

(a) Notwithstanding the foregoing provisions of this section application may be made to the Court which would but for the provisions of this section have jurisdiction to hear the action, for leave to bring an action at any time before the expiration of 6 years from the date on which the cause of action accrued, whether or not notice as required by subsection (1) has been given to the prospective defendant.

Where the Court considers that the failure to give the required notice or the delay in bringing the action as the case may be, was occasioned by mistake or by any other reasonable cause or that the prospective defendant is not materially prejudiced in his defence or otherwise by the failure or delay, the Court may if it thinks it is just to do so, grant leave to bring the action, subject to such conditions as it thinks it is just to impose.

Before an application is made under the provisions of paragraph (a), the party intending to make the application shall give notice in writing of the proposed application and the grounds on which it is to be made to the prospective defendant, at least 14 days before the application is made.

(a) In this section person includes a body corporate, Crown agency or instrumentality of the Crown created by an Act or an official or person nominated under an Act as a defendant on behalf of the Crown.

This section is to be construed so as not to affect the provisions of the Crown Suits Act 1947.

Where an action is one to which this section applies and —

the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and

the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 January 1984,

Where in an action to which subsection (5) applies it is proved that —

the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 January 1984; and

the period of 6 years applicable under subsection (3)(a) of this section as in force before the coming into operation of the amending Act had expired before the action was commenced,

Where an action is one to which this section applies and —

the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and

the person who suffered the latent injury did not have the knowledge referred to in section 38A before 1 January 1984,

After the coming into operation of the amending Act —

a notice may be given;

an action may be commenced; or

consent may be given, or leave may be granted, to bring an action,

In subsections (5), (6), (7), and (8) —