1986 Ed.]
Limitation
[CAP. 347
19
because of the time limit under the Carriage by Air (Overseas Territories) Order 1967, the court has no power to direct that section 28(2) shall not apply.
(3) In acting under this section the court shall have regard to all the circumstances of the case and in particular to-
(a) the length of, and the reasons for, the delay on the part of the plaintiff;
(b) the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 27 or 28, as the case may be;
(c) the conduct of the defendant after the cause of action arose, including the extent, if any, to which he responded to requests reasonably made by the plaintiff for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff's cause of action against the defendant;
(d) the duration of any disability of the plaintiff arising after the date of the accrual of the cause of action;
(e) the extent to which the plaintiff acted promptly and reasonably once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;
(f) the steps, if any taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.
(4) In a case where the person injured died when, because of section 27, he could no longer maintain an action and recover damages in respect of the injury, the court shall have regard in particular to the length of, and the reasons for, the delay on the part of the deceased.
(5) In a case under subsection (4), or any other case where the time limit, or one of the time limits, depends on the date of knowledge of a person other than the plaintiff, subsection (3) shall have effect with appropriate modifications, and shall have effect in particular as if references to the plaintiff included references to any person whose date of knowledge is or was relevant in determining a time limit.
(6) A direction by the court disapplying the provisions of section 28(2) shall operate to disapply the provisions to the same effect in section 3 of the Fatal Accidents Ordinance.
(7) In this section "the court" means the court in which the action has been brought.
(Cap. 22.)
Page 20
Page 21
1986 Ed.]
Limitation
[CAP. 347
19
because of the time limit under the Carriage by Air (Overseas Territories) Order 1967, the court has no power to direct that section 28(2) shall not apply.
(3) In acting under this section the court shall have regard to all the circumstances of the case and in particular to-
(a)
(b)
(c)
the length of, and the reasons for, the delay on the part of the plaintiff;
the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 27 or 28, as the case may be;
the conduct of the defendant after the cause of action arose, including the extent, if any, to which he responded to requests reasonably made by the plaintiff for informa- tion or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff's cause of action against the defendant;
(d) the duration of any disability of the plaintiff arising after
the date of the accrual of the cause of action;
(e) the extent to which the plaintiff acted promptly and reason- ably once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;
(f) the steps, if any taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.
(4) In a case where the person injured died when, because of section 27, he could no longer maintain an action and recover damages in respect of the injury, the court shall have regard in particular to the length of, and the reasons for, the delay on the part of the deceased.
(5) In a case under subsection (4), or any other case where the time limit, or one of the time limits, depends on the date of knowledge of a person other than the plaintiff, subsection (3) shall have effect with appropriate modifications, and shall have effect in particular as if references to the plantiff included references to any person whose date of knowledge is or was relevant in determining a time limit.
(6) A direction by the court disapplying the provisions of section 28(2) shall operate to disapply the provisions to the same effect in section 3 of the Fatal Accidents Ordinance.
(7) In this section "the court" means the court in which the action has been brought.
(Cap. 22.)
}
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