Quinn v Reserve Defence Forces Representative Association & ors [2018] IEHC 684 (05 December 2018)

Quinn v Reserve Defence Forces Representative Association & ors [2018] IEHC 684 (05 December 2018)

On a proper construction of s. 11(2)(c) of the Statute of Limitations Act 1957 as amended, proceedings may be issued after the expiry of the one-year limitation period without first obtaining an extension; the necessity for such an application arises only if and when a statute-barred plea is raised in defence. The...

Source-derived case information.

Citation
[2018] IEHC 684
Parties
Plaintiff: John Quinn; Defendant: Reserve Defence Forces Representative Association; Defendant: Charles Bradley; Defendant: Brian O'Keeffe; Defendant: Jason McKevitt
Jurisdiction
Ireland
Judgment Date
05 December 2018
Procedural Posture
Defamation Proceedings / Application for Extension of Time to Bring Proceedings Under Statute of Limitations
Outcome
Application granted
Legal Topics
Limitation of Actions, Extension of Time, Defamation, Statutory Interpretation
Civil Procedure Defamation Limitation of Actions Extension of Time Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

John Quinn

Plaintiff

Reserve Defence Forces Representative Association

Defendant

Charles Bradley

Defendant

Brian O'Keeffe

Defendant

Jason McKevitt

Defendant

Procedural Posture

Defamation Proceedings / Application for Extension of Time to Bring Proceedings Under Statute of Limitations

Legal Issues

  1. 1 Whether an application to extend the limitation period in defamation proceedings must be made before issuing proceedings or may be made retrospectively
  2. 2 Whether the court should exercise its discretion to extend the limitation period

Ratio Decidendi

On a proper construction of s. 11(2)(c) of the Statute of Limitations Act 1957 as amended, proceedings may be issued after the expiry of the one-year limitation period without first obtaining an extension; the necessity for such an application arises only if and when a statute-barred plea is raised in defence. The plaintiff's explanation for delay—awaiting the outcome of an independent investigation—was reasonable, and the prejudice to the plaintiff if relief was refused would significantly outweigh any prejudice to the defendants if granted. The interests of justice required granting the extension.

Court Disposition

Application granted

Orders

  • Direction extending the limitation period by not more than two years from the date of accrual of the cause of action