Periods of limitation - common types of action
Every effort has been made to ensure that the information given 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.
NOTE: 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: 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.
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
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.
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.
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
Time: 2 years
Statute: Civil Liability Act, 1961, section 46(2)
Time: 6 years
Statute: Statute of Limitations 1957, section 11 (1)(a)
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
Time: 6 years
Statute: Statute of Limitations 1957, section 11(4)
Time: 6 years
Statute: Statute of Limitations 1957, section 11(6)(b)
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.
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.
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).
Time: 6 years
Statute: Statute of Limitations 1957, section 27
Time: 6 years
Statute: Statute of Limitations 1957, section 28
Time: 6 years
Statute: Statute of Limitations 1957, section 37
Time: 6 years
Statute: Statute of Limitations 1957, section 43
Time: None
Statute: Statute of Limitations 1957, section 44
Time: 6 years
Statute: Succession Act, 1965, section 126
Time: 12 years
Statute: Statute of Limitations 1957, section 13(2)
Time: 3 yearsStatute: Succession Act, 1965, section 126(2).
Time: 12 years
Statute: Statute of Limitations 1957, section 11(6)(a)
Time: 12 years
Statute: Statute of Limitations 1957, section 11(5)(a)
Time: 12 years
Statute: Statute of Limitations 1957, section 13(2)
Time: 30 years
Statute: Statute of Limitations 1957, section 13(1)(a)
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”.
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.