Byrne -v- Hudson [2007] IESC 53 (15 November 2007)

Byrne -v- Hudson [2007] IESC 53 (15 November 2007)

The plaintiff had actual knowledge, or knowledge that was observable or ascertainable, of the third defendant's occupation of the premises within the normal three year limitation period, and failed to provide this to his solicitor. Therefore, the action against the third defendant is statute barred.

Citation
[2007] IESC 53
Parties
Plaintiff/respondent: Keith Byrne; First Defendant: Patrick Hudson Junior; Second Defendant: Patrick Hudson Senior; Third Defendant/appellant: Kathleen Hudson
Jurisdiction
Ireland
Judgment Date
15 November 2007
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Preliminary Issue
Outcome
Appeal allowed; High Court order set aside; plaintiff's action against third defendant time barred.
Legal Topics
Statute of Limitations, Personal Injury, Date of Knowledge, Joinder of Parties
Tort Law Civil Procedure Statute of Limitations Personal Injury Date of Knowledge Joinder of Parties

Case Brief

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Parties

Keith Byrne

Plaintiff/respondent

Patrick Hudson Junior

First Defendant

Patrick Hudson Senior

Second Defendant

Kathleen Hudson

Third Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Preliminary Issue

Legal Issues

  1. 1 Whether the plaintiff's action against the third named defendant is time barred under the Statute of Limitations 1957-2001
  2. 2 Whether the plaintiff had sufficient knowledge to identify the third named defendant as occupier within the limitation period

Ratio Decidendi

The plaintiff had actual knowledge, or knowledge that was observable or ascertainable, of the third defendant's occupation of the premises within the normal three year limitation period, and failed to provide this to his solicitor. Therefore, the action against the third defendant is statute barred.

Court Disposition

Appeal allowed; High Court order set aside; plaintiff's action against third defendant time barred.

Orders

  • Declaration that the plaintiff’s cause of action against the third named defendant is time barred by virtue of the Statute of Limitations 1957–2001.
  • Third named defendant dismissed from the proceedings.