Limitation Act (No. 8 of 1997)

LIMITATION ACT N0.8 OF1997 ARRANGEMENT OF SECTIONS Sectloo PART! Preliminary 1. Short title 2. Interpretation PART II 1. TimP- limits nnrln Part IT !,.nhjf'.C't to P.1:tf".m:ion or f',1:cl111:inn under Part m. 4. Time limit for actions founded on tort 5. Time limit in case of successive conversions and extinction of tide of owner of converted gooda. 6. Special time limit in case of larceny. 7. Time limit for actions founded on simple contract K Speci::il limP. limit for :icJinm: in n--<:f1P.CI of c.ertllin lrnm1,. 9. Tune limit for actions to enforce certain awards. 10. Tune limit for actions on a specialty. 11. Time limit for actioru; for sums recoverable bv statute. 12. Special time limit for claiming contribution. 13. Special time limit for actions in respect of personal injuries. 14. Special time limit for actions under fatal accidents le~isla­ tion. 15. Operation of time limit under section 14 in relation to different dependents. 16. Oefinition oflmowledge foe pwporei of seetioni 13 and 14. 17. Ttme limit for actions to recover land. 18. Tmte limit for redemption actions. 19. Extinction of title to land after exviration of time limit 20. Settled land and land held on trust 21. Time limit for actions to recover rent 22. Time limit for aclions to recover money secured by a mortgageorchargeortorecoverJXOCCCdsofthesaleofland. 23. Time limit for actions in respect of trust property. 24. Timelimi.tforactioosdaimingpersonalestateofade.ceased person. 25. Time limit in respect of actions for an account ?6 Tim(' 11D'l1t fAt w.-til"\fl~ tn ;,nf,:-r{";, j11,lgm;,nt,;, 27. Acbninistration to date back to death. PART m 28. Extension of limitation period in ea~ of disability. 29. Fresh accrual of action on acknowledgement or part pay ment. 30. Formal provisions as to acknowledgements and part pay­ ments 31. Effectofacknowledgemenlorpart payment on persons other th4n the uiaker o• n::i.::ipi,.:nt. 32. PostpOnementof limitation period in case of fraud, conceal­ ment or mistake. PART IV 33. Application of Act and other limitation enactments to arbi tration~. 34. Acquiescence. 35. Application to the Crown. 36. Saving for other limitation enactnl,'nts. 37. Transitional. 38. Barred actions. 39. Repeal. SCHEDULE. No. 8 of 1997. limitation Act 1997. I LS. I • ,, . Jo,epll Myer,, OvYC:uw1•Ge,u:1ul'3 Deputy. 11th Mllldl, 1997. ANTIGUA AND BARBUDA 1997,No.8 AN ACT to make provision for the limitation of actions. [ 12th June, 1997 1 I ENACTED by the Parliament of Antigua and Barbuda as follows PARTI Preliminary 1. This Act mny be cited as the Limitation Act JQ97. 2. (1) In this Act ''actiOP" includes any proceedings in a court of law; "land" includes corporeal bereditamems, rent charges and any legal o.-cquitable.estate or interest therein, including nn interest in the proceeds of the sale of land beld on trust for sale, but except as provided above in this definition does not include any incoqx,real beroditamen~ "personal estate" and "personal property" do not include chattels real; ANTIGUA AND BARBUDA Short title. Interpretation. ANITGUA AND BARBUDA 2 limitation Act /997 No. 8 of 1997. "personal injuries" includes any disease and any impainnent of a person's physical or mental condition, and "injury" and cognaie eJ1..pces:sions :,ball be con~t.rucd accoc-dingly; "rent" includes a rentcharge and a rentservice; "rentcbarge .. means any annutly or periOOlcal sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage on land. (2) For the purposes of this Act a person is under a disability while be is an infant, or of unsound mind. (3) For the purposes or subsection (2) a person is of unsound mina if be ts a person who, by reason of being or unsound mind within the meaning of the Mental ireatment Act (Cap 274) is incapable of managing and administering his property and aff ain,. (4) Withwt pn::.judic.c to the gcncmlity of sub~tion (3), £L person shall be conclusively preswned for the purposes of subsection (2) to be of unsound mind (a) while be is liable lO be detained under the Mental Treatment Act; and (b) while be is receiving trentmemas an inpatient in any mental hospital or licensed house within the meaning of that Act without being liable to be detained under that Act. being treatment which follows without any interval a period during which he was liable Lo be detained wider that Au. (5) Subje.ct to subsection ( 6 ), a person sha1I be deemed to claim through another person if he rec.ame entitled by, through, under, or by the act of that other person to the right claimed. (6) A person becoming entitled to any estate or mterest by virtue of a special power of appointment shall not he deemed to claim wruugll ll1t: appui:nllll. (7) References in this Act to a right of action to re.cover land include references to a right to enter into possession of the land or, in the cruc of nmtchi,rgcs, to dl3train for ancaro of rent, and references to the bringing of sucb an action include references to the making of such an entry or distress. No. 8 of 1997. Limitation Act 1997. 3 (8) References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of rent, and references to the date of dispossession or discontinuance ofpossessionshallbeconsttuedasreference&totbedareoftbelast receipt of rent (9) References in Part III to a right of action include references to (a) a cause of action; (b) a right to receive money secured by a mortgage or charge on any property; (c) a right to recover proceeds oftbe sale of land; and (d) a right to receive a share or interest in the personal estate of a deceased person. (10) References in Part lll to the date of the accrual of aright of action be construed (a) inthecaseofanactionuponajud~ent,asreferences to the date on which the judgment became enforceable; and (b) in the case of an action to recover arrears of rent or interest, or ctamages in respect of arrears of rem or interest, as references to the date on which the rent or interest became due. PARTH ORDINARY TIME LIMITS FOR DIFFERENT CLASSES OF ACTION J. (1) This Part gives the ordinary time limits for bringing actions of the various classes mentioned in the following provisions. (2) The ordinary time !uni.IS given in this Pan are subject LO extension orexclusion in accordance with the provisions of Part III. 4. An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of fil.,tion accrued ANTIGUA AND HAK.HUUA Time limits under Part II subject to extension or ~,rnluoion und.,, Part III. Time hmil for actions founded on tort. ANTIGUA AND BARBUDA Time limit ;» case of successive <><>1>Yeraiob5 ...,,:1 extinction of tide of Qwnei: <>f converted goods. 4 UmitationAct 1997 No. 8 ofl997. s. (1) Where any cause of actioo in respect of the conversion of a chattel bas accrued to any person and, before he recovers possession of the chattel, a further conversion la1res place, no action shall be brought in respect of the further CQnversion after the expiration of six years from the accrual of the cause of action in respect of the original conversion. (2) Where any such cause,1faction has accrued to any person and tbeperiodprescribedforbringinglhatactioohasex.piredandhehas 00( during that period reco\'Cl'OO possession of the chattel, the title of that person to the chattel shall be extinj:,uisbed. Special 1i1t1e limit 6. (1) The right of any person from whom a chattel is stolen to in case of larceny. bring an action in respect of the larceny shall not be subject to the rime limits. undM~tinn 4 l:IM 5 (1 ), hut ifhi,1. title tn the cfo1tte\ is. extinguished under section 5 (2) he may not bring an action in respect of a larceny preceding the loss of h~ title unless the larceny ia question preceded c1re conversion from wbicb time began to nm for the purposes of section 5 (2). (2) Subsection (l) shall apply to any conversion related to the larceny of a chattel as ltapplies to the larceny of a chattel; and except as provided below, every conversion following the larceny of a ctiauclbefUrethepemll1frumWhomhi.8swt.e11recoven; possessiu11 of il fhall be regarded for the purposes of this section as related to WW.:-eny. (3) If unyone purdwses a stQlcn clmttel in good fui.th neither the pt.D"chase nor any conversion following it srutll be regarded as relate.d to the larceny. (4) Anycau<;Pof action :41::~ing in-n>.<:ptt.t◊fthe- la~y. l)r:my cor:version related to the larceny, of a chattel to any person from whom the cbaael is stolen sbaJ./ be disregw:ded for cbe pwposcs of applying section 5 (!) or(2) to his case. (5) Where in any acrion 1:rought in respect of the conversion of a chattel it is proved that the chattel was stolen from the plaintiff or anyone through whom he claims it sha1I be presumed that any conversion following tbe larceny is related to the iarceny unless the contrary is. s.hown. (6) In this section "larceny'' includes f,1,l any conJu..::t outsid<.", Antiguti and Bwh:da v.Hcli wuuldbe larceny if committed in A..'ltiguaruk: ~IY, ;h; &HO No. 8 of 1997. Limitation Act 1997. 5 (b) obtaining any chattel (in Antigua and Barbuda or elsewhere) in the circumstances described in section 27 of the I...an;coy Act, o.- by blaclanail within the me.ming ur secooo 34 of rha!.Act: and references in this section IO a chattel being "'stoi,.,'l:" ~<i:..Jf f>r.! consttued accordingly. 7. An action founded on simple contra.:::t shall not be brought after the expiration of six years from the date on which lhe cause of action oc.crued. 8. (1) Subject to subsection (3), section 7 shall not bar the right of action on a contract of loan IO which this section applies. (2) Tilis section awti.es ro any comraa or loan wruc:i (a) doesnotprovideforrepaymentoftbedebtonorbdore a fixed IX determinable date; and (b) doesooteffeclively(wbetberornotitpWJX)nstodQso) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the credi1nr nr nn ~ny ntheT m~ttf':I"; except where in connection with the taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as. for example, by delivering a promissory note as security tor tbe debt) on t.mns which would excluc1e lhe application of this section to the contract of loon i.f !hey applied duectly 1n repayment of tile debt. (:3) Whm:ademauU i.11 w1iting for 1-epaymcru ofilic tkl!L uru.lt'I· a contract of loan to which this section applies i:; made by or on beba1f of tbe aeditor (or, where were are joint credirors, bv or (jfi behalf of any one of them) sa..--tion 7 shall thereupon apply as if the cause of actioo to recover tbedebt bad accn,.edon the date on which the demand was made. (4) In this seclion "promissory note'' hrui the same meaning as in the Bills ofExc.h~ngf" Ac! 4.t An action to enforce an award. where the submission is not by an instrumentunderseal, shall not be broughiaftertheexpiration ~f .".:.X years from tbe da.te on which the cause of action accrued. ANTIGUA AND BARBUDA Tune llmit tnr a~tfons foun-kd au simp!e cootract. Special time !imil for llct.ion.s in ri:.spect ~•f certain '-' rar,. 48. Time limit f,.­ ilrtlons to enforce certain awards. ANTIGUA AND BAKBUUA Time limit for actions 011 a .....,-i~lty Time limit for actiow for sums recoverable by Slatllte. Special time limit for claiming a contribution. 6 limitation Act 1997 No. 8 of 1997. 10. ( I) An action upon a specialty shall not be brought after the expiration of twelve yean from the date on which the cause of action au:.iuc:tl. (2) Subsection ( I) shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this AcL 11. (1) An action to recover any swn recoverable by virtue of any enactment sha11 not be brought after the expiration of six yt':al:. from the: date on which the cause of action accrued. (2) Subsection ( I) shall not affect any action to which section 12 applies. 12. (I) Where under any Act. any person becomes entitled to aright to recover contribution in respect of any damage from any mhn person, no action to recover contribution bv virtue of that right shall be brought after the expiration of two years from the dale on which that right accrued. (2) For the purposes of this section the date on which a right to recover contribution in respect ol any damage accrues to any person (referred IO below in this section as ("lhe relevant date") shall be ascertained as provided in subsections (3) and ( 4). (3) If We pe1w11 in que:<>lion i5 held liable in rc:spcct of t.hal damage (a) by a judgment given in any civil proceedings; or (b) by an award made on any arbitration; the relevant date shall be the date on which the judgment is given, or the date of the award, as the case may be; and for the purposes of this subseclioo no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the person in question. (4) If, in any case nol within subsection (3), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), lhe relevant date sha11 be tbe earlit:& tlale uu whid.i tltt: amount to be: paid by him i:s agreed between him ( or bis representative) and the person ( or each of lhe persons, as the case may be) IO whom the payment is to be made. No. 8 of 1997. Limitation Act 1997. 7 (5) An action r.o recover contribution sball be one r.o which sections 28, 32 and 35 apply, but otherwise Parts III and IV (except sections 34 and 37) shall not apply for the purposes of this section. 13. (1) This ~lion applies to any action for damages for negligence, nuisance or breach of duty ( whether the duty exists by virtue of a contract or of provision made by or under a Matute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of persona] injuries to the plaintiff or any other person. (2) None of the time limits given in the preceding provisions of this Act sl:\a]l apply to fill action to which Ibis section applies. (3) Au il\,tion tu wh.iUl \.hi:!> :!,t:Clion applit::i :il.uill m1t lx:: 1'1oughl after the expiration of the period appliawlc in accordance wjth subse.ction (4) or (5). ( 4) fa.cept where mb&ection (5) :1pplie1:, the period i& three yc:m; from~ (a) the date on which the cause of action accrued; or (b) the date of knowledge (if later) of the per.;m injured. (5) If the peniOll injured dies before the expiration of the period mentioned in subsection ( 4 ), the period applicnble as respects the cause of action surviving for the benefit of his estate shall be three years from (a) the date of death: or (b) tbe date of the personal representative's knowledge; whichever is the later. (6) For the pwposes of this !>Cetion "personal representative' includes any person who is or has been a personal representative of the de.ceased, including an executor who has not proved the will ( whetherornothe has renounced probate) butnotanyone appointed only as a speclal represemauve In retal.lon lO setllett Jana; anct regard shall be had to any knowledge acquired hy any such person while a personal representati,,,c or previously. (7) If there is more than one personal TCprocntativc, and their dates of knowledge are different, subsection (5) (b) shall be read a,; referring to the earliest of those dates. ANTIGUA AND BARBUDA Special time limit for a..iion.s in re.spe..·t of perwnal injurks. ANTIGUA AND BARBUDA Spa:ial time limn fc.- .ctioas under falal accidt:nts leji&atioo. Cap, 166. Cap. 166. ~ati<Jll of time limit under ~ction 1 ➔ retat.lon to different dep,.-11denl.1L Dcl:1111\100 (4 tl.11\e of knowledRe for ~es of ,ections 13 1111d 14. 8 LJ.mitationAct 1997 No. 8 of 1997. 14. (1) An action under the Fatal Accidents Act shall not be brought if the death occurred when the person injured could no longcc llliWltaiu an actiuu aud IU,;UVCI 1.Wnage:s in t'Clipn.:l of the injury (whether because of a time limit in this Act or in any other Act, or for any odlf'rreason). Where any such action by the injured persm would have been barred by the time limit in sectiori-13, no account shall be taken of lhe possibility of that time limit being ovmi<lden uooer secuoo 33. (2) None of the time limits given in the preceding provisions of this Act shall apply to an action under the Fatal Accidents Act, but ull ~di d(,lioo ~h.,Jl k btuughl ~tc:1 the t:AJJilatiun uf fuur yt:ai:s from~ {a) the dale of death; or (h) the date of knowledge of the persori for whose benefit the action is brought; (3) An action under the Fatal Accidents Act, shall be one to which se(.-tion 28, 33 and 35 of this Act apply but otherwise parts JU and lV shall not apply to any sucb acllon. 15. ( 1} Where there is motetbanooe personforwlrosebeaefi.t an action under the Fatal Ac.cidents Act is brou2hL section 14 (2) (IJ) of this Act shall be applied separately to each of them. (2) Subject to subsection (3), ifby virtue of subsection (I) the action would be outi;ide the time limit given by section 14(2) as regards one or more, but not all, of the persons for whose benefit it is brought, the court shall direct that any person as regards whom die action would be oUt-tide that limit shall be excluded from those for whom the action is brought. (3) The court shall not give such a direction if il is shown that if the action were brougbl exclusively for the benefit of tbeperwa U1 question it would not be defeated by a defence of limitation (whether in consequence of section 28 or an a~ent between the parties not to raise the defence, or otherwise). \f>. 0) se,..,"llons n and. l41tletCM-~ tri "a~''-' o.m ~t lc:nowledge ~ re-fl>Tences to !Jlt" date rm which hi> 1Jr~! h.?A knowledge of the following facts (aj that the UlJury in question was significant; No. 8 of 1997. limitarion Acr 1997. 9 /b) /c) /d) that the injury was attributable in whole or in part lo the act or omission which is alleged to constitute negligence, nuisance or breach of duty; the identity of the defendant; and if it is alleg;ed that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts 13 supporting the bringing of an action against the defendant; aml kJ1owledgt: lltaL a11y w.;v,: ur umissiuus did or llld 1101., as a matter of law, involve negligence, nuisance or breach of duty is irrelevanL (2) For the pwpooos of this section an injury is significunt if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able IO satisfy a judgment. (3) For the purposes of this section a persons knowledge includes knowledge which he might reasonably have expected to acquire~ (a) from facts observable or ascertainable by him; or (b) from facts ascertainable by him with the help of u!Wir.;al or other appropriat.t: i;:x:pen advice which il is reasonable for him to seek; but a person shall not be fixed under this subsection with knowledge of a fact ascert.'.llooble only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, act on) that advice. Action to recover land and rent 17. (1) No action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person. (2) Subject to the following provisions of this section, where ANTIGUA AND BARBUDA Time limn foe actions to recover land. ANTIGUA AND BARBUDA Tj,,.~ J,',,,;, /,,,­ red~mption a,;t1m1.s. Extinction of title to land aftcc ~xpiration of time iimit. 10 Limitation Act 1997 No. 8 of 1997. (a) the estate or interest claimed was an estate or interest in reversion or remainder or any furure estate or interest and the right of action to recover the Jund accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest; and (b) the person entitled to the preceding estate or interest (not being a term of years absolute) was not in possession of the land on that date; noaclmn shall be brougbt by the person entitled to the succeedmg estate or interest after the expiration of twelve years from the date on which the right of action accrued to the person entitled to tbe preceding estate or interest or six years from the date on which the ri~ht of action accrued to the person entitled to the succeedinJ?; estate or interest, whichever period last expires.. (3) No person shall bring an action to recover any estate or interest in land under an assurance raking effect after the right of acnon ID recover tne Ianctnao accruea lo cne person by wnom me assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the action is brought within the period during which the person by whom the assurance wasmadecouJdJ.mve bnm~ht slJC'h an action, (4) Where any person is entitled to any estate or interest in land in possession and, while so entitled, is also entitled to any future estate or interest in that land, and his right to recover lhe estate or imeresl in possession is barred under this Acr., no action snail be brought by that person, or by any person claiming through him, in respect of the future estate or interest, unless in the meantime possession of the land has been recovered by a per.;on entitled to an intermediate estate or interest (5) This section does not apply to Crown Lands. J.lt WhPn .ci mnrtg.<1gP1> Jlr 1'hM21'f' nf hnil h~i: N'l'll in possession of any of the mortgaged or charged land for a period of twelve years no acuon to redeem the land of which the mortgagee or chargee has been so in possession shall be hrought after the end of that period by the mongagor or chargor or any pen;on claiming through him. 19. Subject to section 20, at the expiration of the pcrio<l prescribed bylhis Acrfurauy person 10 bring anaui1m mr,'n w1 land (including a redemption aclion) the title or that pcr,(m to the land shall be extingms.hed. No. 8 of 1997. Limitation Act 1997. 11 20. (1) Subject to section 23(1) and (2), lhe provisions of this Act sha1l apply to equitable intere~ts in land, including interests in the proceeds of the sale of land held upon trust for sale, as !hey apply to legal estates; and accordingly a right of action to recover !he land shall, for the purposes of this Act but not otheiwise, be deemed to accrue to a person entitled in possession to such an equitable interest in the like manner andcircumstances, anti on tht>; <;,amt>;illlft>;, a<;, it wonM accmt>; ifhis. inte:res.T we:re a lep;:il estate in the land. (2) Where the period prescribed by this Act has expired for lhe brin2:lll2 of an action to recover land by a tenant for life or a starutory owner of settled land (a) his legal estate shall not be extinguished if and so long as the right of action torecoverthe land of any person entitled ro a beneficial lmeresl tn Che land eiUler has not accrued or has not been barred by this Act; and (b) the legal estate shall acoordingly remain vested in the tcrumtfor life or 3lltlutory OY,1lCf and 3ball dcvol,·c in ANTIGUA AND DA.RDUDA Settled land and land held on trust. accordance with the Settled Estates Act; Lap. 398 but if and when every such right of action has been barred by this Acl. his. lezal es.tale s.hall he extingnishe<l. (3) Where any land is held upon trust (including a trust for sale) and the period prescribed by this. Act has expired for the bringing of an action to recover the land by the trustees, the estate of lhe 1rustees shall not be exunguished if and so long as the nght or action to recover lhe land of any person entitled to a beneficial interest iil the land orin the proceeds of :;ale either has not accrued or has not been barred by this Act; but if and when every such right of action has. he.en sn rnlrrecl the estate of lhe lnL.-.tees sha11 he extinguished. (4) Where~ ( a) any settled land is vested in a statutory owner; or (h) any Janet i" ht>;lct 11£11ln 1nis1 (indniiinr a tmsl for <mlf') an action to recover the land may be brought by the statulOry owner or trustees on behalf of any person entitled to a beneficial interest in possession in the land or in the proceeds of sale whose right of action bas not been barred by this Acl, notwithstanding that the right of action of the statutory owner or trustees would ANTIGUA AND BARBUDA Time limit for actions to recover rent. Time Limit foe actions to recover rnoney secured by a mortgage or Charge or to r~cover proceeds of the sale of land. 12 Limitation Act 1997 No. 8 of 1997. apan from this provision have been barred by this Act. 21. No action shall be brought, or distress made, to re<:over arrears of rent, or damages in respect of arrears of rent, after the expiration of six years from the date on which the arrears became due. 22. (1) No action shall be brought to recover (a) any principal ~um of money ~urcd by a mortgage or other charge on property (whether real or per­ sonal); or / lJ) proceeas of we sale of land; after the expiration of twelve years from the dale on which the rie:ht to receive the money accrued. (2) No foredrnmre action in respect of mortgaged personal property shall be broughlafter the expiration of twelve years from the date on which the right to foreclose accrued; but if the mortgagee wm; m possession of the mortgaged property atterthat date, the right to foreclose on the property which was in his possession shall not be deemed to have accrued for the purposes of this sutisa,1ion until the dale on which his possession discon­ tinued. (3) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall nol be deemed 10 accrue w kmg i.fl,; !lie property 1..m11pri.'J'~ ;wy [mun: i11U:r~1 w life insurance policy which has not matured or hccn detennined. (4) Nothmg in this section shall apply to a foredosure action in rc:,poct of mortgugcd land, hut the provi:;ion:, of thi:1 Act relating to actions to recover land shall apply to such an action. (5) Subject to subsections (6) and (7), no acuon to recover arrears of interest payable inrespecl of any sum of money ~ured by a mortgage or other charge or payable in respect of proceeds of the saleofland, or to recover damages in respa.:I of such arrean. shall be brought afler the expiration of six years from the date on which the interest became due. (6) Where No. 8 of 1997. Urnitation A.ct 1997. 13 (a) apriormongageeorother incumbrancer has been in possession or the property charged; and (b) an action is broughl within oneyearof thedisconlinu­ ance of that possession by the subsequent incum­ brancer; the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer, or damages in respect of those arrears, notwithstanding that the period exceeded six years. (7) Where (a) (b) the propeny subject to the mongage or charge com­ prisesany future intetest or Jif e insurance p0Jicy; and it is a term of the mongage or charge that arrears of intPrP.'-I ,;hall hP. trealed as p:ut nftht>: princip:il ,;;.11m of money secured by the mongage or charge; interest shall not be treated as becoming due before the right to recover the principal sum of money has accrued or is treated as having accrued. Actions in respect of trust property or the penonal e:state of decen3e,J penoru; 23. (1) No period of limitation preSl..'fibed by this Act shall apply to an action by a beneficiary under atrusl, heing an action (a) in respec1 of any fraud or fraudulent hreach of trm,t to which the trustee wm, a party or privy; or (b) to recover from lhc trustee trust propeny, or lhe proceeds or trust property in the possession of the trustee. or previously received hy the trustee and converted to his use. (2)(a) Where a trustee who is also a beneficiary under the lrtlst receives or retains trust property or its proceeds as his share on a distribution of trust property under the tm:;t, his liability in uny &ction broughl by virtue of subsection ( I ) (b) to recover thal property shall he limited to the excess over his proper share; ANTIGUA AND HARHUOA Tun~ llm1( for actions m respel"l ,.,f If' •s·t p<<>p~t!y, ANTIGUA AND BARBUDA Tim,. limit f,v actions claiming personal estate of a deceased person. Time limil iu respect ot actions for an accounl. Time lim.it for actions to enforce judgmenls. 14 Limitation Act 1997 No.8of1997. (b) This subse.ction only applies if the trustee acted honestly and reasonably in making the distribution. (3) Subject to the preceding provisions of this section, an action by a beneficiary lO recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Act, shall not be brought after the expiration of six years from the date on which the right of action accrued. For the purposes of this subsection the right of action shall not be treated as having accrued to any beneficiary entitled to a future interest in the trust pm}ll':rty until the- intt':TI':sl fe:11 info po;;;;r:;;;;ion (4) No beneficiary as against whom there would be a good defence under this Act shaJl derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he cold have obtained if he had brought the action and this Act had been pleaded in defence. 24. Subject to -.ei:tion n (1) and (7) ~ (a) no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such esllllc (whether under a will or on intc:Jtllcy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and (b) no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due. 25. An action for an account shall not be brought after the expiration of any time limit under this Act which is applicable to the claim which is the basis of the duty to account. 26. (1) An ac1ion shall not he- bt-011ghtn('On imy jnrlgmt>.nl ~fter the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any iud.l!;ment debt shall be recovered after the expiration of six years from the date on which the interest became due. No.8of1997. limitation Act 1997. 15 27. For the purposes of the provisions of this Act relating to actions for the recovery of land an administrator of the estate of a deceased person shall be treated as claiming as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration. PARTIII EXTENSION OR EXCLUSION OF ORDINARY TIME LIMITS Disability 28. (1) Subject to the following provisions of this section, on the Jat.c when auy 1iglil uf ao.::tion d(;UUc;d fo1 wh.iW a period of limitation is prescribed by this Act. the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred) notw1thStanlllng that the penoo or umu.a1.1on nas explre<t. (2) This section shall not affect any cru:,e where the right of action first accrued to some person not under a disability through whom the person under a disability claims. (3) When aright of action which has accrued toa person under a disability accrues, on the death of that person while still under a di~ty, to another pe-r..on lmder a di!:ability, no fnrthe:r extension of time shall be allowed by reason of the disability of the second person. (4) No action to recover land or monev chare:edon land shall be brought by virtue of this section by any person after the expiration of thiny years from the date on which the right of action accrued to that person or some person through whom he claims. ()) If the secbon is one lowhteh :,;eenon I 'l,apphes, sub~cuon (1) shall have affect as if for the words ·'six year:;" there were substituted the words "two years". (6) If ll.ic ai.;tion is UIJe lU wliii.;l.:i ~tiuu 13 01 14(2) applit':~, subsection (1) shall have effet,.,'f. as if for the words "six years" there we-re substituted the words "three years". ANTIGUA AND BARBUDA Administration to relate back to death Lxtensinn of \iu,;lution P"l"icJ m ca.s~ of disability. ANTIGUA AND BARBUDA Fresh accrual of action on acknowled11;e mentor part payment. 16 Limitation Act 1997 No. 8 of 1997. Acknowledgement and part payment 29. (1) Subsection (2) and (3) apply where any right of action (including a foreclosure action) to recover land or any right of a mo1i.gagt:: uf pcn,01.litl piupeny tu briug a foreclosure action in respect of the property has accrued. (2) lfthe person in possession of the land or personal property in question acknowledges the title of the pert.on to whom thcrighl of action lras accrued, lhe right shaJJ be deemetJ 1obave accmetJ on and not before the date of the acknowledgemenL (3) In the case of a foreclosure or other action by amort2aeee. if the person in possession of the land or -personal property in question or the person liable for the mortgage debt makes any payment in respect of the debt (whether of principal or interest) the right shall be deemed to have accrued on and not before the date of payment. (4) Where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either (a) receives any sum in respect of the principal or irHen:sc of the mortgage debt; or (b) acknowledges the title of the mortgagor or his equity of redemption; an a1.-1ion to redeem the land in his possession may be brought at any tirne before the f"-x:piration of twelvP years from the d~tl" of payment or acknowledgement. (5) Subject to subsection (6), where any right of action has accrued to recover (a) any debt or other liquidated or pecuniary claim: or , b J any claim m ine personal esrnte or a cteceasoo person or to any share or interest in any such estate; and the person liable or accountable for the claim acknowledges the claim ormake5 any payment in respect of it, the right shall be deemed to have accrued on and not before the date of the acknowledgement or payment. No.8of1997. limitation Act 1997. 17 (6) A payment of apart of the rent or interest due at any time shall not extend the period for claimin g the remainder then due, but any payment ofinterest shall be treated as a payment in respect of the principal debt. (7) Subject to subsection ( 6), a current period oflimitation may be repeatedly extern.telJ under lilts section t>y runn.er acknowl­ edgements or payments but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgement or part paymenL 30. (I) To be effective for the purposes of section 29, an acknowledgement must he in writrng and signed by lhc per~on making iL (2) For the purposes of i.ection 29, any acknowledgement or payment (a) IIILiy be mo.de by the agent of the person by whom it is required to be made under that section; and (b) shall be made to the person, or to an agent of the per<.rm. who~ title or claim is heing acknowledged or, as the case may be, in respect of whose claim lhc payment is being made. 31. (1) An acknowledgement of the title to any land or mortgaged personality by any person in possession of it shall bind all other persons in possession during the ensuing period of limitation. (2) A payment in respect of a mortgage debt by the mortgagor or any other person liable fo1 the debt. or by any person fa possession of the mortgaged property, shall, so far as any right of lhe mortira.e:ee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mort­ gaged property dwing the ensuing period of limitation. (3) Where two or more mortgagees are by vinue of the mongage in possession or me monga,ged land, an w.::knowteage­ mentof the mortgagor's title or of his equity of redemption by one of the mortgagees shall only bind him and his successors and shall not bind any other mortgagee or his successors. (4) Where, in a case within subsection (3), the mortgagee by whom the acknowledgement is given is entitled to a part of lhe ANTIGUA AND BARBUDA Formal µrov1sio11s a.s to a.ckno"l­ ~dgem~nl, ,,nd part paym~nts. Cffrct of ackoowledgemer11 or part paymenl on persons other than the maker <lr recipient. ANTIGUA AND BARBUDA P=1pon0m0nt of limitat1on period rn ca.~e of fraud ~oncealment of nust.a.>.e. 18 limitation Acr 1997 No. 8 of 1997. mongaged land and not to any ascertained part of the mort.gage debt the mortgagor shall be entitled to redeem that part.of the land on payment, Wltb interest, of the part of the mortgage debt which bears the same proponion ro Ule whole of the debt as I.Ile value of the part of the land bears to the whole of the mortgaged land. (5) Where there are two or more mortgagors, and the title or equity of redemption of one of the mortgagors is acknowledged as mentioned above in this section, the acknowledgement shall be treated as baving been made to all the mortgagors. (fi) An acknowlr <lzemem of any rlehl or olher liqnirlated pecuniary claim shall bind the acknowledger and his successors but not any other person. (7) A payment made in respect of any debt or other liquidated pecuniary clrum 8hall bmd all persons ltable in respect of the debt or claim. (R) A.n iu-:knowlf'fl2ementhy nneof sever;i.l personal rL"prL"~n­ tativesof any claim to the personal estate of a deceased person or to any share or interest in any such estate, or a payment by one of several personal representatives in respect of any such claim, shall bind the eslate of the deceased pen;on. (9) In this section "successor", in relation toan v mortgagee or person liable in respect of any debt or claim, means his personal repre~ntatives and any other persons on whom the tights under the mort.e:a}!;e or, as the case may be, the liability in respect of the debt or claim devolve whether on death or bankruptcy or the disposition of property or the detennination of a limited estate or interest in settle(J property or otherwise. Fraud concealment and mistake 3?. (1) Subju:;t to .'!Ub~ction (3), wh(,f~ in the c..&c of Mly action for which a period of limitation is prescribed by this Act, either~ (a) tile action 1s based upon tile traud or the defendant; or (b) any fact relevant ID the plaintiffs right of action has bixu lklilx:i,111ely 1..uuu:..tlcd flum him by 1.hc Ud•:11 dant; or No. 8 of 1997. Limitation Act 1997. 17 (6) A payment of apart of the rentorinterestdueatany time shall noL extend the period for claiming the remainder then due, but any paymem unnreres, Shall be rreauxl as a paymemtn res pen of the principal debt (7)Subjecttosubsection(6),acurrentperiodoflimitationmay be repeatedly extended imdcr this section by further acknowl edgements or payments but a right of action, once barred by this Act, shall not be revi vcd by any subsequent acknow lcdgement or part payment 30. (I) To be effective for the purposes of section 29, an acknowledgement must he iu wri1jng and signed by the per~on making il. (2) For the purposes of section 29, any acknowledgcmem or payment (a) may he made by the agent of the person by whom il is required to be made under that section; and (b) shall be made to the person, or to an age Ill of the person, whose title or claim is being acknowledged or, as the c.ase may be, 111 respectoJ whose claun the payment is being made. 31. (1) An acknowledfement of the title to any land or mortgaged personality by any person in possession of it shall bind all other persons in possession during the ensuing period of limitation. (2) A payment in respect of a mortgage debt by the mortgagor or any other person liable for the debt, or by any person in possession of the mortgaged property, shall, so far as any right of lhe mortgagee to foreclose or otherwise to recover the property 1s conceme<l, btnd an omer persons in possession of Litt: mun­ gaged property during the ensuing period of limitation. (3) Where two or more mortgagees are by vinue of the mortgage in po:.:-tc:,:,ion of tho mortgaged land, nn a.cknowledg.e mentof tbe mortgagor· s title or ofhis equity of redemption by one of the mortgagees shall only bind him and his successors and shall not bind any other mortgagee or his successors. (4) Where, in a case within subsection (3), the mortgagee by whom the acknowledgement is given is entitled to a part of the ANTIGUA AND BARBUDA Fmmal provisions as l" ai:know!­ ~dg~mems ,rnJ par1 payments. F.ffccl llf acknowledgement or part payment on persons olher lhan the maker or recipient No. 8 of 1997. Limitation Act 1997. 19 (c) the action is for relief from the consequences of a mistake; theperiodoflimitation ~hall not begin to rt•n until tht' plaintiff has discovered the fraud, concealmeDl or mistake (as the case may be) or couJd with reasonable diligence have discm1ered it. (2) Fortbe purposes of subsection (I), deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for S<me time amount~ to deliberate conceabnent of the facts involved in that breach of duty. (3) Nothing in this section' shall enable any action (a) to recover, or recover the value of, any property; or (iJ) tu t:ufuu .. c auy 1.:1.Jmgc agait1~l, u1 M:l @Jiili:: a11y transaction affecting, any property; to be brought against the purchaser of the property or any person claiming throush him in uny cai;e where the property ha.'.l heen purchased for valuable consideration by an innocent third part since the fraud or concealmenL or, as the case may be, the transaction in which the mistake was made took place. (4) A purchaser is an innocent third party for the purposes of this section (a) in the case of fraud or concealment of any fact relevant to the plaintiffs right of action, if he was not a party to the fraud or, as the case may be, to the concealmentoflhatfactanddid not at the time of the purclla.se know ur llave 1easo11 LO beliew U'lal we fraud or concealment had laken place; or (b) in the case of mistake, ifhc did not at the time of the purchase know or have rea~on to believe that the mistake had been made. ("i) ReferencP.1>. in !hi,; s11h~clion 111 lhf' rlt>Jr:millnt incl11rl1• references to the defendant's agent and to any pe!'Son through whom the defendant claims and his agent. ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA Application of Act and other limitation cua~\meuL, '" arbitrations. 20 limitation Act 1997 No. 8of1997. PART IV MISCELLANEOUS AND GENERAL 33. (1) This Act and any other limitation enactment shall apply to arbitrations as they apply to actions in the High Court. (2) Notwithstanding any term in an arbitration agreement to the effect that no canse of action shall acCl'ue in respect of any mailer required by the agreement to he referred until an award is made under the agreement, the cause of action 8hall, for the purposes of this Act and any other limitation enactment ( whether m the-ir application to arbitrations or to other proceedings), he deemed to have accrued in respect of any such matter at the time when it would have accmed but for that tenn in the agrocment. (3) For the purposes of this Act and of any other limitation enactment an arbitration shall be deemed to be commenced (a) when one party to the arbitration serves on the other party or parties a notice requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator; or (b) where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, when one party to the- arbitration serves on the other party or parties a notice requiring him or them to submit lhe dispute to the person so named or designated. (4) Any such notice may be served either (a) by delivering it to the person on whom it is Lo be served; (b) by leaving itattheusual or last-known placeofabode in Antigua and Barbuda of that person; or (c) by sending it by JX)St in a registered letter addressed to that person at his usual or last-known place of abode in Antigua and Barbuda, as well as in any other manner provided in the arbitration agreement. :No.8of1997. Limitation Act 199'7. 21 (5) Where the High Court (a) orders that an award be set aside; or (b) orders, after the COllllllencemeot of an arbitration, that the arbitration agrtttne.nt ,;hall cea..e In h:wP. effect with respect to the dispute referred, 1be court may further order 'lhal the periOO between lbe com­ inencement of the arbiiration and the date of tbe order of the court shall be excluded in computing the time preseribed by this Act or by any other limitation enacbllent for the commencement of proceedings (including arbitration) with respect to the dispute referred (6) This section shall apply to an arbitration under an Act of Parliament as well as io an arbitration pursullllt to an arbitration agreement Subsections (3) and (4) shall have effect, in relation fO an arbitration under an Act, as if for the references to the tui>itration agreement there were substituted reterences to such ot the provisions of the Act or of any order, scheme, rules, regula­ tions of bylaws made under the Act as relate to arbitration. ANTIGUA AND BARBUUA 34. Nothing in this Act shall affect any equitable jurisdiction Acquiescence. to refuse relief on the ground of acquiescenre or otherwise. 35. (1) Except as otherwise provided in ttiis Act, and without ApplicaMn to the p-ejudice to section 36. this Act shall apply to proceedings by or Crown. against the Crown in like manner as it applies to proceedings between subjects. (2) Notwithstanding subsection (1), this Act does not apply ro~ (a) any~ngsbytheCrown for ther~veryofany tax or duty or mterest thereon; (b) any fotfeiture proceedings uruier any enactment relating to customs and excise: or (c) any proceedings in respect to the forfeiture of a ship. (3) For the purposes of this section, procetdings by or against the Crown include proceedings by or against any Government ANTIGUA AND BARBUDA Saving foe other limitation enactments. Cap. 352. Tc&l16itiowtl. Barr<'d actions. Repeal Cap. 367. 22 Limitation Ad 1997 No. 8 of 1997. department or any officer of the Crown acting as such or any person acting on behalf of the Crown. J6. (1) This Act does not app]y to any action or arbitration for which a period of1imitation is prescribed by or tmder any other enactment (whether passed before or after the coming into force ofthi~ Act) oi to any action or 1ttbi1raLio11 Lo whi~h lhe Cruwu h, a party and for which, if it were between subjects, a period of limitation would be prescribed by or under any such other enactment. (2) This Act does not affect the Public Authorities Protection Act 37. This Act does not appJy to any action brought upon arigh1 of action which accrued before the commencement of this Actor to any arbitration in which a party to the arbitration relies upon such a right of action. 38. Nothing in this Act shaJI enable any action to be brought which was barred before the commencement of this Act by any enactment repealed by this Act. 39. The Real Property Limitation Act is repealed. Passed the House of Representatives this 26th dayofFebruary, 1997. Passed the Senate this 5th day of March, 1997. B. Harris, Sper,,ker, :S. Walker, Cleric to the House of Representatives. M. Percival, Presiderir. ~. Walker, Clerk to the Senate.