Resources
Periods of Limitation
Every effort has been made to ensure that the information below is accurate. No legal responsibility, however, is accepted for any errors or omissions in this information. Solicitors should refer to the relevant authorities as necessary.
Common Types of Actions
It is important to note that the mere issue of an originating summons may not prevent time from running against the plaintiff, nor prevent an action from being struck out for delay.
Section 49 of the Statute of Limitations deals with the extension of limitation period in the case of disability.
Time limit in respect of causes of action which survive against estate of deceased person
Time: Proceedings are commenced in respect of that cause of action within the relevant period or within the period of 2 years after his death. Whichever period expires first. Section 9 of the Civil Liability Act is restricted by the Affordable Housing Act 2021. Section 22(3) states that: “Section 9 of the Civil Liability Act 1961 shall not apply to any action by the housing authority for the realisation of the affordable dwelling equity.”
Statute: Civil Liability Act, 1961, section 9 (applied with modifications by s.4 (1) Land and Conveyancing Law Reform Act 2013) and restricted by section 22 of the Housing Act 2021.
Limitation of actions for contribution
Time: Action may be brought for contribution within the same period as the injured person is allowed by law, for bringing an action against the contributor, or within the period of 2 years after the liability of the claimant is ascertained or the injured person’s damages are paid, whichever is the greater.
Statute: Civil Liability Act, 1961, section 31
Special time limit for actions in respect of personal injuries
Time: (a) In the case of clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act, 2004,
2 years from, the date on which the cause of action accrued, or the date of knowledge (if later) of the person injured.
Statute: Statute of Limitations (Amendment) Act, 1991, as amended by Part 2A of the Civil Liability and Courts Act, 2004, section 3(1), substituted by s.221 of the Legal Services Regulation Act, 2015.
Period of limitation in cases of fatal injuries
Time: In the case of a clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act, 2004, 2 years
Statute: Statute of Limitations (Amendment) Act, 1991, as amended by Part 2A of the Civil Liability and Courts Act, 2004, s. 6(1), as amended by s.221 of the Legal Services Regulation Act, 2015.
Defamation
Time: 1 year – or such longer period as the court may direct but not exceeding 2 years from the date on which the cause of action accrued.
Statute: Statute of Limitations 1957, section 11(2)(c) as substituted by s.38 of the Defamation Act, 2009 (No. 31 of 2009) with effect from January 1, 2010 (S.I. No. 517 of 2009). See also section 11(3A) and (3B) as inserted by s.38(1) of the Defamation Act 2009
Maritime cases – action for damage to a vessel, to cargo or for loss of life or personal injury on board a vessel
Time: 2 years
Statute: Civil Liability Act, 1961, section 46(2)
Actions founded on Simple contract
Time: 6 years
Statute: Statute of Limitations 1957, section 11 (1)(a)
Action for damages under Liability for Defective Products Act, 1991
Time: 3 years – from date action accrued or date on which plaintiff became aware of damage, defect and identity of producer
Statute: Liability for Defective Products Act, 1991, section 7
Action for Account
Time: 6 years
Statute: Statute of Limitations 1957, section 11(4)
Arrears if interest on judgment debt
Time: 6 years
Statute: Statute of Limitations 1957, section 11(6)(b)
Enforcement of Arbitration Award when Arbitration Agreement is not under seal or where arbitration is under any Act other than Arbitration Act, 1954
Time: 6 years
Statute: Statute of Limitations 1957, sections 11(1)(d) and 75-77 (amended by s.29 and Schedule 6 of the Arbitration Act 2010, as amended by the European Union (Insurance and Reinsurance) Regulations, 2015, the European Union (Insurance and Reinsurance)(Amendment) Regulations 2021 and the European Union (Insurance and Reinsurance) (Amendment) Regulations 2022.
Enforcement of Arbitration Award when Arbitration Agreement under seal
Time: 12 years
Statute: Statute of Limitations 1957 Sections 11(5)(b) and 75-77 (amended by s.29 and Schedule 6 of the Arbitration Act 2010, as amended by the European Union Insurance and Reinsurance Regulations, 2015), the European Union (Insurance and Reinsurance)(Amendment) Regulations 2021 and the European Union (Insurance and Reinsurance) (Amendment) Regulations 2022.
Application set aside an Arbitration Award on grounds of public policy
Time: Notwithstanding Article 34(3), an application to the High Court to set aside an award on the grounds that the award is in conflict with the public policy of the State shall be made within a period of 56 days from the date on which the circumstances giving rise to the application became known or ought reasonably to have become known to the party concerned
Statute: Article 34 of the UNCITRAL Model Law on International Commercial Arbitration as adopted by the Arbitration Act 2010 and s.12 of the Arbitration Act 2010. Also Rules of the Superior Courts 1986 – 2012 (Order 56 as substituted by S.I. 361 of 2010 Rules of the Superior Courts (Arbitration) 2010 as restricted by S.I. 150 of 2012 Rules of the Superior Courts (Arbitration) 2012).
Limitation of actions to recover arrears of a Rentcharge
Time: 6 years
Statute: Statute of Limitations 1957, section 27
Limitation of actions to recover arrears of a conventional rent
Time: 6 years
Statute: Statute of Limitations 1957, section 28
Limitation of actions to recover arrears of interest on a Mortgage or Charge
Time: 6 years
Statute: Statute of Limitations 1957, section 37
Limitation of actions against Trustees
Time: 6 years
Statute: Statute of Limitations 1957, section 43
Exclusion of actions against trustees in cases of fraud or retention of trust property
Time: None
Statute: Statute of Limitations 1957, section 44
Actions in respect of Estates of deceased persons
Time: 6 years
Statute: Succession Act, 1965, section 126
Action by a person (other than a State Authority) to recover land
Time: 12 years
Statute: Statute of Limitations 1957, section 13(2)
Arrears of interest in respect of any legacy or damages in respect of such arrears
Time: 3 yearsStatute: Succession Act, 1965, section 126(2).
Action on a Judgment
Time: 12 years
Statute: Statute of Limitations 1957, section 11(6)(a)
Instrument under seal (save for arrears of rent, rent charge, mortgage, arrears of annuity charged on personal property)
Time: 12 years
Statute: Statute of Limitations 1957, section 11(5)(a)
Recovery of land (other than by State)
Time: 12 years
Statute: Statute of Limitations 1957, section 13(2)
Recovery of land by State
Time: 30 years
Statute: Statute of Limitations 1957, section 13(1)(a)
An action by a person (other than a State Authority) claiming the sale of land which is subject to a Mortgage or Charge
Time: 12 years
Statute: Statute of Limitations 1957, section 32(2)Section 32 of the Act of 1957 is amended by the addition of the following subsection of the Land Law Conveyancing & Reform Act 2009: “119 (3) In the case of a judgment mortgage, the right of action accrues from the date the judgment becomes enforceable and not the date on which it is registered as a mortgage”.
Actions to recover principal money secured by a charge on land or, personal property
Time: 12 years - Notwithstanding section 36 of the Statute of Limitations 1957, any local property tax which is due and unpaid by a liable person shall continue to apply without a time limit until such time as it is paid in full.
Statute: Statute of Limitations 1957, section 36, restricted by s.124 of the Finance (Local Property Tax Act) 2012 with effect from 1st January 2013 (S.I. No. 589 of 2012) as amended by the Local Government Rates and Other Matters Act 2019.
Landlord and Tenant Law
Landlord and Tenant (Amendment) Act, 1971
Application to obtain a sporting lease
Time: Not earlier than 15 years before expiration of the lease and not later than the expiration of the lease or the expiration of three months from the service on the club by its immediate lessor or any superior lessor of notice of expiration of the lease whichever is later. Notice shall be valid only if served not earlier than 3 months before expiration of lease.
Section: Landlord and Tenant (Amendment) Act, 1971, Section 3
Landlord and Tenant (Amendment) Act, 1980
The following list of periods of limitation is not exhaustive.
In the case of tenancy terminating by expiration of a term of years or other certain period or event
Time: Before the termination of tenancy or at any time thereafter but before the expiration of three months after service on claimant by landlord of notice of expiration of the term or period of the happening of the event.
Section: Section 20 (2)(a)(i)(ii)
b. In the case of a tenancy terminating by fall of a life or uncertain event
Time: At any time but before the expiration of three months after service on claimant by landlord of notice of the happening of the event.
Section: Section 20 (2)(b)
c. In the case of tenancy determined by notice to quit (other than tenancies to which sections 14 or 15 applies)
Time: At any time but before the expiration of three months after service of the notice.
Section: Section 20 (2)(c)
d. In the case of tenancy terminable by notice to quit and to which sections 14 or 15 applies
Time: At any time but before the expiration of six months after service of the notice.
Section: Section 20 (2)(d)
Application for reversionary lease
Time: Not earlier than 15 years before expiration of existing lease and not later than the expiration of the lease or 3 months from service of notice by immediate lessor or any superior lessor, whichever is the later. The notice shall be valid only if served not earlier than 3 months before the expiration of the lease.
Section: Section 31
Improvement notice
Time: Where a tenant proposes to make an improvement, notice must be served on the landlord. The landlord may within one month serve on the tenant a notice of consent or a notice of undertaking to execute the improvement in consideration of either a specified increase in rent to be agreed or fixed by the Court or an improvement objection.
Section: Section 48
Notice to superior landlord
of improvement notice served on landlord
Time: The landlord must within one week serve a notice on his superior landlord, if any.
Section: Section 48
Objection to improvements
Time: Landlord must object within one month. Tenant can then apply to court.
Section: Section 48 and Section 52
Claim for compensation for improvements
Time: Notice of intention to claim must be made in same period as notice of intention to claim relief – See Section 20 (2).
Section: Section 56
Compensation on termination of tenancy in obsolete buildings
Time: Landlord must give 6 months’ notice.
Section: Section 60(2) as amended by Section 199(2) of the Residential Tenancies Act, 2004
Extension of time
Time: The court may extend time on such terms as it thinks proper and satisfied that injustice would be cause
Section: Section 83
Offer of new tenancy in lieu of compensation for improvements
Time: Within 2 months of tenant serving notice to claim compensation for improvements under Part IV.
Section: Section 22(1)
Notice accepting new tenancy
Time: Within 1 month of notice of offer of new tenancy.
Section: Section 22(2)
Amendments to 1980 Act
Landlord and Tenant (Amendment) Act, 1994 Amends the following sections of the 1980 Landlord & Tenant Act and S.3 1994 Act amends S13 1980 Act:
Paragraph (a) of S.13 (1) of 1980 Act is amended by the substitution of “5 years” for “3 years”. This shall have effect only in relation to a lease or other contract of tenancy the term of which commences after the commencement of this Act.
S.4 amends S.17 of 1980 Act.
S.5 amends S.23 of 1980 Act.
S.6 amends S.85 of 1980 Act.
Landlord and Tenant (Amendment) Act, 1984
Notice of intention to review rent in reversionary lease where the terms of such lease are settled by the court under Part III of the 1980 Act
Time: Where the rent has not previously been reviewed, not earlier than one month before the fifth anniversary of the date on which the terms of the lease were settled. Where the rent has been reviewed previously, not earlier than the fifth anniversary of the date of service of the notice for preceding review.
Section: Section 3
Application to review the rent of a reversionary lease in default of agreement
Time: Not earlier than one month after the service of the notice.
Section: Section 3
Notice of intention to review rent of sporting lease
Time: Same as for reversionary lease.
Section: Section 5
Application to the court for review of the rent of a sporting lease Notice of intention to review rent where the terms of a new tenancy are fixed by the court under Part II of the Landlord & Tenant (Amendment) Act, 1980
Time: Same as for reversionary lease.
Time: Same as for reversionary leases and sporting leases.
Section: Section 5
Section: Section 15
Amendments to Statute of Limitations 1957
Amendments to Statute of Limitations 1957
Section 2 (1)
Effect of amendment: Amended
Amending provision: Definition of “judgment mortgage” substituted by s.8(1) and Sch.1 of the Land and Conveyancing Law Reform Act 2009
Section 2 (2) (c)
Effect of amendment: Repealed (new provision)
Amending provision: Registration of Title Act, 1964, s.5 and Sch. and s.122 of S.I. 167/1966
Section 2 (2) (d)
Effect of amendment: Repealed (new provision)
Amending provision: Succession Act, 1965, s.8, Sch. 2 part IV but see Succession Act, 1965 and s.123 of S.I. 168/1966
Section 2 (3)
Effect of amendment: Repealed
Amending provision: Civil Liability Act, 1961, s.5, Sch.5 part V
Section 11(2)(d)
Effect of amendment: Restricted
Amending provision: Inserted by s. 13(8)(1) of the Sale of Goods and Supply of Services Act, 1980 as amended by the Consumer Rights Act 2022.
Section 11 (2)(c)
Effect of amendment: Substituted
Amending provision: Subsection (2)(c) substituted by s.38(1) of the Defamation Act 2009
Section 11 (3A) &(3B)
Effect of amendment: Inserted
Amending provision: Subsection (3A) & (3B) inserted by s.38(1) of the Defamation Act 2009
Section 21
Effect of amendment: Repealed with savings
Amending provision: Succession Act, 1965, s.8 and Sch. 2 part IV
Section 22
Effect of amendment: Repealed
Amending provision: Succession Act, 1965, s.8 and Sch. 2 part IV
Section 24
Effect of amendment: Amended
Amending provision: Substituted by Registration of Title Act, 1964, s. 49 (4) as amended by ss. 5 & 7 of the Land and Conveyancing Law Reform Act 2021
Section 25(4)
Effect of amendment: Amended
Amending provision: Deletion of subsection by Land and Conveyancing Law Reform Act, 2009, s.8(1) and Sch. 1
Section 45
Effect of amendment: Amended
Amending provision: Substituted by Succession Act, 1965, s.126 and Sch. 2 part IV
Section 45 (1)
Effect of amendment: Amended
Amending provision: Inserted s.111A after s.111 by Civil Partnership Act 2010, s.89
Section 46
Effect of amendment: Repealed
Amending provision: Succession Act, 1965, s.8, Sch. 2 part IV
Section 48A
Effect of amendment: Inserted
Amending provision: Statute of Limitations Amendment Act, 2000, s.2
Section 49(2)
Effect of amendment: repealed
Amending provision: Statute of Limitations (Amendment) Act, 1991, s.5(4)
Section 49(3)
Effect of amendment: Substituted
Amending provision: Defamation Act, 2009 substituted by s.38(2)
Section 49(4)(a)
Effect of amendment: Repealed
Amending provision: Civil Liability (Amendment) Act, 1964, s.6 and Sch.
Section 60
Effect of amendment: Substituted
Amending provision: Stamp Duties Consolidation Act, 1999, ss.160, 163 and Sch. 4., subject to transitional provisions.
Section 74
Effect of amendment: Substituted
Amending provision: Arbitration Act 2010, s.7(2)
Section 77
Effect of amendment: Amended
Amending provision: Deleted by s. 29(2) and Sch. 6 of the Arbitration Act 2010