Molloy -v- Reid [2014] IESC 4 (29 January 2014)

Molloy -v- Reid [2014] IESC 4 (29 January 2014)

For the purposes of s. 50 of the PIAB Act, the 'date of issue' of an authorisation is the date on which the claimant actually receives or is deemed to have received the document (including by post), not the date it is posted. Therefore, the plaintiff's claim is not statute barred.

Citation
[2014] IESC 4
Parties
Plaintiff/respondent: John Molloy; Defendant/appellant: Albert Reid
Jurisdiction
Ireland
Judgment Date
29 January 2014
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Statute of Limitations, Interpretation of 'date of Issue' Under PIAB Act, Service of Documents by Post, Access to Courts
Civil Procedure Personal Injury Statute of Limitations Interpretation of 'date of Issue' Under PIAB Act Service of Documents by Post Access to Courts

Case Brief

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Parties

John Molloy

Plaintiff/respondent

Albert Reid

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff's personal injury claim is statute barred under the Statute of Limitations as modified by the Personal Injuries Assessment Board Act 2003
  2. 2 Proper interpretation of 'date of issue of an authorisation' under s. 50 of the PIAB Act—whether it is the date of posting or the date of deemed receipt

Ratio Decidendi

For the purposes of s. 50 of the PIAB Act, the 'date of issue' of an authorisation is the date on which the claimant actually receives or is deemed to have received the document (including by post), not the date it is posted. Therefore, the plaintiff's claim is not statute barred.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The High Court order permitting the claim to proceed is affirmed.