The Consumer Protection (Northern Ireland) Order 1987

1.  In subsection (6) (definition of date of knowledge) of section 9A of the Statute of Limitations (Northern Ireland) 1958(1) (in this Schedule referred to as “the 1958 Act”), at the beginning there shall be inserted the words “Subject to subsection (6A),” and after that subsection there shall be inserted the following subsection—

“(6A) In section 9AA and in section 9B so far as that section applies to an action by virtue of Article 9(1) of the Consumer Protection (Northern Ireland) Order 1987 (death caused by defective product) references to a person’s date of knowledge are references to the date on which he first had knowledge of the following facts—

(a) such facts about the damage caused by the defect as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment; and

(b) that the damage was wholly or partly attributable to the facts and circumstances alleged to constitute the defect; and

(c) the identity of the defendant;

but, in determining the date on which a person first had such knowledge there shall be disregarded both the extent (if any) of that person’s knowledge on any date of whether particular facts or circumstances would or would not, as a matter of law, constitute a defect and, in a case relating to loss of or damage to property, any knowledge which that person had on a date on which he had no right of action by virtue of Part II of that Order in respect of the loss or damage.”.

(1)

1958 c. 10 (N.I.)