Statute of Limitations: tips and traps

Seminar chaired by Mr Justice Seamus Noonan of the Court of Appeal

Speaker: Raymond Comyn SC

€75 per person Booking

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Statute of Limitations: tips and traps


Level: 1.5 General CPD hours


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Ascertaining limitation periods can present particular challenges. This seminar will assist you to navigate the complexities associated with limitation periods for the more common types of proceedings.

It will examine recent case law and guide you through pitfalls likely to be encountered. The overall emphasis will be on practicality and the seminar will be of interest to all litigation practitioners.   

On the agenda:

Renewal of Summons

  • Does the general “tightening up” approach of the courts in the cases of dismissal for want of prosecution, also apply to cases involving an application to renew a summons? Will a plaintiff’s argument that he/she will be statue barred if the summons is not renewed, hold weight?

Personal Injuries

  • When can an application to the Injuries Board be said to have been “made” so as to suspend the running of time for the purposes of the Statute of Limitations: Clarke V Governor of Wheatfield Prison
  • Section 2 of the Personal Injuries Assessment Board (Amendment) Act 2019: Is it necessary to lodge a medical report with the application to stop the limitations clock?
  • How has section 7 of the Act addressed the anomaly that arose in Renehan v T&S Taverns in circumstances where a further respondent is added to an application which is already with the Injuries Board
  • The date of “issue of an authorisation” under the PIAB Act: is this the date on which the authorisation is posted to the claimant or the date the claimant receives the posted authorisation?: Molloy v Reid
  • Determining the “date of knowledge” for the purposes of the Statute of Limitations (Amendment) Act 1991
  • Expert advice and its effect on limitation periods: When can such advice stop the clock?: Greene v Hardiman
  • Does the “date of knowledge” commence on the date of receipt of medical records or the date of receipt of the medical report containing an analysis of such records: implications of O Sullivan v Ireland & Others

Fatal Claims

  • Can a personal representative of a deceased maintain section 48 proceedings where the underlying cause of action which the deceased might have maintained is itself statute barred? Hewitt V HSE

Damage to Property

  • The “thorny” question of claims relating the damage to property re-visited: implications of the decision of the Supreme Court in Brandley v Deane. Does time begin to run from the date of the wrongful act giving rise to the latent defect, or from when the damage became “manifest”?

Succession Act

  • The interaction between section 117 and section 121: Does the six-month time limit for applications under section 117 apply equally to applications pursuant to section 121 where the order sought is in the interest of a child?: LC (A Minor) v HS
  • Time limits for claims grounded in promissory estoppel: Cavey v Cavey
  • What is defined as “first grant of representation” for the purposes of section 117? Does a Limited Grant trigger the commencement of the limitation period in section 117(6)?: In the matter of the Estate of F
  • What did Gleeson V Feehan decide in relation to the time limits for an action by a Personal Representative to recover land from someone in possession?
  • Actions by third parties against the estate of the deceased: Section 9(2)(b) of the Civil Liability Act 1961
  • What is the time limit for actions by a beneficiary to claim his share or interest in the estate?

Sexual Assault Cases

  • The special protection afforded to victims of sexual abuse: When does time begin to run for the purposes of section 48(A) of the Statute of Limitations Act 2000?
  • Is impairment or prevention the determining factor in assessing capacity under the Act?: Doherty V Quigley
  • Does a person who consults a solicitor lose the protection of the section?: Brennan v Mullan

Fraudulent Concealment and the Statute of Limitations

  • How does this arise and what stops the limitations clock?

Financial Loss

  • Claims in negligence by investors for financial loss: navigating the limitation periods: Gallagher v ACC and Cantrell v AIB

Adverse Possession

  • Will an owner be deemed to continue in possession even with “minimal acts”? Do “any acts of possession” by the owner preclude adverse possession running at the relevant time?: Dunne V Iarnrod Eireann

Judgments

  • Does the Statute of Limitations apply to the renewal of an execution order?: Start Mortgages DAC v Piggot

Defamation

  • The time limit prescribed by section 38 (1)(a) of the Defamation Act, 2009
  • Is a plaintiff who seeks to extend the limitation period to two years obliged to satisfactorily explain a delay leading up to the issue of proceedings?: Neil Rooney v Shell E and P Limited

State Authorities

  • Is the Chief State Solicitor deemed to be a state authority within the meaning of section 2(1) of the Statute of Limitations?: O Hagan v Grogan

Contributions

  • Claims for contribution: an independent cause of action, what special provisions apply?: Kennedy v O Sullivan

Constitutional Rights

  • Does a claim for breach of constitutional rights come within the ambit of section 11(2) of the Statute?: Blenhein v Minister for Health