By Mark Tottenham BL in Hedigan J, Ireland High Court No Comments Tags: Defamation, Limitation of actions, Practice and procedure
Moram v. Bell [2012] IEHC 111
(High Court, Hedigan J, 5 March 2011)
High Court dismisses appeal from decision of Circuit Court to dismiss action for slander.
Defamation – accusation of defamation – appeal from dismissal of case in Circuit Court (Judge O’Sullivan) – plaintiff “disfellowshipped” from congregation of Jehovah’s Witnesses – plaintiff ostracised by members of congregation – whether More
By Mark Tottenham BL in Charleton J No Comments Tags: Contract law, Limitation of actions
Donnelly v. Woods [2012] IEHC 26
(High Court, Charleton J, 26 January 2012)
High Court dismisses claim for remuneration for financial and consultancy advice on grounds that it was statute-barred and that the plaintiff had been amply remunerated already. (Full text.)
Contract law – alleged agreement for remuneration for financial and consultancy services – 10% profit on sale of development lands – quantum meruit – claim of interest in land – whether claim statute barred – whether More
By Mark Tottenham BL in Finnegan J No Comments Tags: Adverse possession, Limitation of actions
O’Hagan v. Grogan [2012] IESC 8
(Supreme Court, Finnegan J (with him, Fennelly J), Macken J (dissenting), 16 February 2012)
Supreme Court holds, by way of case stated from the Circuit Court, that Chief State Solicitor was not a state authority for the purposes of fixing a limitation period in adverse possession claim.
Finnegan J (Full text.): Claim for possession of house – entry by trespasser in 1978 after death of occupant – no next-of-kin – occupant possessed on foot of incomplete transfer from local authority – adverse possession – leasehold interest – letters of administration granted to Chief State More
By Mark Tottenham BL in White J (Michael) No Comments Tags: Limitation of actions, Personal injuries
Kiernan v. J Brunkard Electrical Ltd [2011] IEHC 448
(High Court, White J, 23 November 2011)
High Court makes determination of statutory limitation period in personal injuries action. (Full text.)
Application by second defendant to dismiss claim – personal injuries claim – injury on 11 June 2007 – PIAB application 27 May 2009 – further information required by PIAB – authorisation issued 19 August 2009 – PI summmons 5 March More
By Mark Tottenham BL in Charleton J, Irvine J No Comments Tags: Asylum and immigration, Financial regulation, Limitation of actions
O’Hara v. ACC Bank PLC [2011] IEHC 367 (7 October 2011)
High Court (Charleton J) a) dismisses action by one plaintiff, on the grounds that the matter had already been substantially dealt with by the Financial Services Ombudsman; and b) refuses application to dismiss claim by another plaintiff, on the grounds that it was not statute-barred. (Full text.)
Application to dismiss proceedings – purchase of “Solid World Bond” with borrowed money – money lent by defendant bank – bond marketed by defendant bank – loss of money when bond “underperformed” – whether issue of liability already determined by Financial Services Ombudsman (FSO) – whether More
By Mark Tottenham BL in Ryan J No Comments Tags: Limitation of actions, Mental health law, Personal injuries, Practice and procedure
Doherty v. Quigley [2011] IEHC 361 (5 July 2011)
High Court (Ryan J): a) finds that the defendant committed acts of sexual assault on the plaintiff in the late 1980s and early 1990s; b) finds that the plaintiff was suffering from a psychological injury sufficient to stop time running for the purposes of the limitation period; c) assesses general damages in the sum of €400,000. (Full text.)
Sexual abuse – personal injuries claim – person of unsound mind – ss 48 and 48A, Statute of Limitations 1957 – whether acts of sexual abuse committed – whether plaintiff was person of unsound mind or under a disability – whether s 48A applied – alleged abuse by Irish dancing teacher – sexual contact from age of 12-13 – abuse in late 1980s and early 1990s – proceedings commenced in 2006 – criminal proceedings resulting in jury disagreements and subsequent nolle prosequi – psychiatric evidence – alleged personality disorder – dissociation – definition of psychological injury – whether the will to bring an action is substantially impaired – whether the ability to make a reasoned decision is substantially impaired – severe post-traumatic stress disorder – assessment of damages.
F.W. v. J.W. Charleton J. 18th December, 2009
J. O’C v. D.P.P., [2000] 3 I.R. 478
B. v. D.P.P. [1997] 3 I.R. 140
M. v. N. [2005] 4 I.R. 461
By Mark Tottenham BL in Abbott J No Comments Tags: Adverse possession, Limitation of actions
Dolan v. Reynolds [2011] IEHC 334 (11 February 2011)
High Court (Abbott J) holds that defendant had not established title to his late father’s property by way of adverse possession, and grants administrator possession of same. (Full text.)
Claim for possession of deceased’s property – adverse possession – death intestate in 1980 – failure to execute deed of assent – possession of next-of-kin – estoppel – claim for mesne rates – delay – “he who seeks equity must do equity” – whether defendant in possession adverse to his mother or other family members – applicability of delay to cases governed by Statute of Limitations – compensation for work done to property.
Gleeson v. Feehan [1993] 2 I.R. 113
Gleeson v. Feehan [1997] 1 ILRM 522
Re King’s Will Trusts [1964] Ch 542
Mohan v. Roche [1991] 1 IR 560
Gillet v. Holt [2001] Ch 210
Re Basham [1986] 1 W.L.R. 1498
ÓDomhnaill v. Merrick [1984] I.R. 151
Toale v. Dignan (No.2) [1991] ILRM 140
Cheese v. Thomas
By Mark Tottenham BL in Hogan J No Comments Tags: Defective products, Limitation of actions, Personal injuries
Ó hAonghusa v. DCC PLC [2011] IEHC 300 (19 July 2011)
High Court (Hogan J) refuses application to dismiss claim for personal injuries arising from allegedly defective product. (Full text.)
Application to dismiss – whether personal injuries action statute-barred – claim under Defective Products Act 1991 – alleged defect in motorised wheelchair – s 7, 1991 Act – statutory interpretation – limitation periods – s 2, Statute of Limitations (Amendment) Act 1991 – date of knowledge.
Erin Executor and Trustee Co. Ltd. v. Revenue Commissioners [1998] 2 I.R. 287
Minister for Industry and Commerce and Hales[1967] I.R. 65
By Mark Tottenham BL in McGovern J No Comments Tags: Limitation of actions, Personal injuries
McCoy v. Keating [2011] IEHC 260 (28 June 2011)
High Court (McGovern J) holds that plaintiffs’ claims for damages for nervous shock are statute-barred, on the grounds that they knew in the immediate aftermath of the accident that they had suffered a reaction, and prior to being diagnosed with PTSD. (Full text.)
Personal injuries – nervous shock – death of passenger in road traffic accident – claim by grandparents of deceased and deceased’s mother’s partner – whether claims statute-barred – s. 3(1), Statute of Limitations (Amendment) Act 1991 – date of knowledge – issue of personal injury summons after expiration of PIAB authorisation – whether plaintiffs knew they had suffered a significant injury – post-traumatic stress disorder.
Byrne v. Hudson [2008] 3 I.R. 106
Bolger v. O’Brien [1999] 2 I.R. 431
Whitely v. Minister for Defence and Ors. [1998] 4 I.R. 442
By Mark Tottenham BL in Kearns P No Comments Tags: Limitation of actions, Practice and procedure
MW v. SW [2011] IEHC 201 (6 May 2011)
High Court (Kearns P) grants application dismissing claim for damages for sexual assault on grounds that it was statute-barred and for want of prosecution. (Full text.)
Application to dismiss claim – whether statute-barred – want of prosecution – claim for damages for trespass to the person, including sexual assault between 1969 and 1972 – action commenced in 2006 – acquittal of defendant in criminal case – 48A(1), Statute of Limitations 1957 (as inserted by the Statute of Limitations (Amendment) Act 2000) – Arnold-Chiari Malformation and Chronic Obstructive Pulmonary Disease (COPD) – whether will to bring action substantially impaired by reason of sexual abuse – whether evidence of psychological injury.
Rainsford v. Mayor, Aldermen and Burgesses of the City of Limerick [1995] 2 I.L.R.M. 561
Primor plc v. Stokes Kennedy Crowley [1996] 2 I.R. 459
Desmond v. M.G.N. Ltd [2009] 1 I.R. 737
McFarlane v. DPP [2010] ECHR 1272