I move amendment No. 7 :
Before section 9 to insert the following new section :—
"(1) In this section ‘ the relevant period ' means the period of limitation prescribed by the Statute of Limitations or any other limitation enactment (including sections 31 and 47 of this Act).
(2) No proceedings shall be maintainable in respect of any cause of action whatsoever which has survived against the estate of a deceased person unless either—
(a) proceedings against him in respect of that cause of action were commenced within the relevant period and were pending at the date of his death, or
(b) proceedings are commenced in respect of that cause of action within the relevant period or within the period of two years after his death, whichever period first expires."
This amendment has two objects. Firstly, we want to avoid the difficulty that arose in the English case of Airey v. Airey, decided by the English Court of Appeal in 1958, so that it will not be possible to argue that a cause of action that has survived the death of a person may be taken against his estate although the ordinary period of limitation has expired. Secondly, we want to apply the section to all causes of action, whether they are in contract or in tort. At present, causes of action in contract survive under common law and the period runs from the accrual of the cause of action and the date of death has no effect. We propose a period of two years after the death instead of six months after representation is taken out. This, we think, is a reasonable period.
By the way, I should mention that if there is delay in taking out representation the person aggrieved may apply to the court for the appointment of his own nominee as administrator in order that there may be somebody to sue.
Does the Committee consider that a period of 2 years as a maximum in the new section 9 is satisfactory ?
