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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2010 - onwards
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38. Limitation of actions.

(1) Section 11 of the Act of 1957 is amended -

(a) in subsection (2), by the substitution of the following paragraph for paragraph (c):

"(c) A defamation action within the meaning of the Defamation Act 2009 shall not be brought after the expiration of -

(i) one year, or

(ii) such longer period as the court may direct not exceeding 2 years,

from the date on which the cause of action accrued.",

and

(b) the insertion of the following subsections:

"(3A) The court shall not give a direction under subsection (2)(c)(ii) (inserted by section 38(1)(a) of the Defamation Act 2009) unless it is satisfied that -

(a) the interests of justice require the giving of the direction,

(b) the prejudice that the plaintiff would suffer if the direction were not given would significantly outweigh the prejudice that the defendant would suffer if the direction were given,

and the court shall, in deciding whether to give such a direction, have regard to the reason for the failure to bring the action within the p

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