LIMITATION ACT 1985 - SECT 31 Notice to proceed

LIMITATION ACT 1985 - SECT 31

    (1)     If—

        (a)     a person has a cause of action in relation to which he or she is under a disability other than a disability arising from his or her minority; and

        (b)     a guardian has been appointed in relation to that person or the property of that person;

a person against whom the cause of action lies may give to the guardian a notice to proceed in accordance with this section.

    (2)     A notice to proceed under subsection (1) shall—

        (a)     be in writing; and

        (b)     be addressed to the guardian concerned; and

        (c)     show the name of the person under a disability; and

        (d)     state the circumstances out of which the cause of action may arise or may be claimed to arise with the particularity that is necessary to enable the guardian to investigate the question whether the person under a disability has the cause of action; and

        (e)     give warning that a cause of action arising out of the circumstances stated in the notice is liable to be barred by this Act; and

        (f)     be signed by the person giving the notice.

    (3)     Minor deviations from the requirements of subsection (2), not affecting the substance nor likely to mislead, do not invalidate a notice to proceed.

    (4)     If a notice to proceed is served under subsection (1), the person under the disability referred to in that subsection shall be taken, for this Act, to cease to be under a disability on the day when the notice is so served.

    (5)     A notice to proceed under this section is not a confirmation for section 32 and is not an admission for any purpose by the person giving the notice.

    (6)     A notice to proceed to be given to a guardian may be given by—

        (a)     delivering the notice to proceed to the guardian personally; or

        (b)     leaving the notice to proceed at the usual or last-known place of business or residence of the guardian; or

        (c)     posting the notice to proceed by certified mail to the guardian at the usual or last-known place of business or residence of the guardian.

    (7)     In this section:

"guardian" means a guardian or manager under the Guardianship and Management of Property Act 1991

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