(1) In relation to any action to which section 23 of this Decree refers being an action in respect of one or more causes surviving for the benefit of the estate of a deceased person by virtue of section 22 of the Civil Liability Act, 1963 (Act 176), sections 23 and 24 of this Decree shall have effect subject to the provisions of subsections (4) and (5) of this section.

(2) Sections 23 and 24 of this Decree shall, subject to subsections (4) to (6) of this section, apply to an action brought by virtue of section 16 of the Civil Liability Act, 1963 as they apply to an action to which section 23 of this Decree refers.

(3) In the following provisions of this section and in Sections 23 and 24 of this Decree as modified by those provisions, the expression "the deceased" means the person referred to in subsection (1) or (2) of this section as the case may be.

(4) Subsection (1) of section 23 of this Decree shall not apply to any action falling within subsection (1) or (2) of this section unless the action is brought before the expiration of twelve months from the date on which the deceased died.

(5) For the purposes of the application of subsection (1) of section 23 of this Decree to an action falling within subsection (1) or (2) of this section-

(a) any reference in the said subsection (1) of section 23 to the material facts being outside the knowledge of the plaintiff shall be construed as a reference to such facts being outside the knowledge of the deceased;

(b) the requirements of that subsection shall be deemed to be fulfilled in relation to a cause of action if either the matters specified in that subsection (as modified by the preceding paragraph) are proved or it is proved that the material facts relating to that cause of action were or included facts relating to that cause of action which at all times until his death were outside the knowledge (actual or constructive) of the deceased, and any reference in this Part to the requirements of the said subsection (1) of section 23 of this Decree shall in relation to an action falling within subsection (1) or (2) of this section be construed as a reference to the requirements of that subsection as modified by this subsection.

(6) In the application of sections 23 and 24 of this Decree to an action brought by virtue of section 16 of the Civil Liability Act, 1963 -

(a) a reference to any cause of action to which an action relates shall be construed as a reference to a cause of action in respect of which it is claimed that the deceased could (but for his death) have maintained an action and recovered damages, and

(b) any reference to establishing a cause of action shall be construed as a reference to establishing that the deceased could (but for his death) have maintained an action and recovered damages in respect thereof.