[F119A Power of court to override time-limits etc. S
(1)Where a person would be entitled, but for any of the provisions of [F2section 17, 18, 18A or 18B] of this Act, to bring an action, the court may, if it seems to it equitable to do so, allow him to bring the action notwithstanding that provision [F3(but see section 19AA)].
(2)The provisions of subsection (1) above shall have effect not only as regards rights of action accruing after the commencement of this section but also as regards those, in respect of which a final judgment has not been pronounced, accruing before such commencement.
(3) In subsection (2) above, the expression “ final judgment ” means an interlocutor of a court of first instance which, by itself, or taken along with previous interlocutors, disposes of the subject matter of a cause notwithstanding that judgment may not have been pronounced on every question raised or that the expenses found due may not have been modified, taxed or decerned for; but the expression does not include an interlocutor dismissing a cause by reason only of a provision mentioned in subsection (1) above. ]
[F4(4)An action which would not be entertained but for this section shall not be tried by jury.]
Textual Amendments
F1S. 19A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 23(a)
F2Words in s. 19A(1) substituted (16.7.1997) by virtue of 1997 c. 40, ss. 10(2); S.I. 1997/1418, art. 2
F3Words in s. 19A(1) inserted (30.6.2021) by Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23), s. 14(2), Sch. 3 para. 1(2); S.I. 2021/678, reg. 2
F4S. 19A(4) added by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 8(b)