Section 21: Extension of limitation period in case of disability

(1) If on the date when any right of action accrued for which 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 the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired; except that- (a) this section shall not affect any case where the right of action first accrued to some person, not under a disability, through whom the person under a disability claims; (b) when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person; (c) no action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he or she claims; (d) this section shall not apply to any suit to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party. (2) In the case of actions 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 an enactment 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 personal injuries to any person- (a) subsection (1) shall have effect as if for the words "six years" there were substituted the words "three years"; and (b) this section shall not apply unless the plaintiff proves that the person under the disability was not, at the time when the right of action accrued to him or her, in the custody of a member of his or her family. (3) For the purposes of this section, "member of his or her family" in relation to any person has the meaning assigned to "member of the family" in the Law Reform (Miscellaneous Provisions) Act.