Hewitt -v- The Health Service Executive [2016] IECA 194 (28 June 2016)

Hewitt -v- The Health Service Executive [2016] IECA 194 (28 June 2016)

A fatal claim under s. 48 of the Civil Liability Act 1961 cannot be maintained if the deceased's own cause of action was statute-barred at the time of death, even if the fatal claim is brought within the statutory period after death.

Citation
[2016] IECA 194
Parties
Plaintiff/respondent: Joseph Hewitt as Legal Personal Representative of the Estate of Dolores Hewitt (Deceased); Defendant/appellant: The Health Service Executive
Jurisdiction
Ireland
Judgment Date
28 June 2016
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court decision set aside
Legal Topics
Statute of Limitations, Wrongful Death, Personal Injuries, Survival of Actions, Fatal Injuries Claims
Tort Law Civil Procedure Statute of Limitations Wrongful Death Personal Injuries Survival of Actions Fatal Injuries Claims

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Parties

Joseph Hewitt as Legal Personal Representative of the Estate of Dolores Hewitt (Deceased)

Plaintiff/respondent

The Health Service Executive

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a fatal claim under s. 48 of the Civil Liability Act 1961 can be maintained if the deceased's own cause of action was statute-barred at the time of death

Ratio Decidendi

A fatal claim under s. 48 of the Civil Liability Act 1961 cannot be maintained if the deceased's own cause of action was statute-barred at the time of death, even if the fatal claim is brought within the statutory period after death.

Court Disposition

Appeal allowed; High Court decision set aside

Orders

  • Plaintiff's s. 48 proceedings dismissed as statute-barred