McKenna v Kerry County Council & anor (Approved) [2020] IEHC 687 (15 December 2020)

McKenna v Kerry County Council & anor (Approved) [2020] IEHC 687 (15 December 2020)

The court held that an application for extension of time under s. 11(2)(c) of the Statute of Limitations 1957 (as amended) can be made retrospectively, provided the proceedings themselves were issued within the two-year period. However, solicitor's negligence is not a valid reason for delay in issuing proceedings, and the plaintiff failed to provide sufficient evidence to justify the delay. Therefore, the extension of time should not be granted.

Citation
[2020] IEHC 687
Parties
Plaintiff: Keith McKenna; First Defendant: Kerry County Council; Second Defendant: Angela McAllen
Jurisdiction
Ireland
Judgment Date
15 December 2020
Procedural Posture
Circuit Appeal / High Court Appeal From Circuit Court Order Extending Time to Bring Defamation Proceedings
Outcome
Appeal allowed; extension of time refused.
Legal Topics
Statute of Limitations, Extension of Time, Defamation Proceedings, Jurisdiction, Solicitor Negligence
Civil Procedure Defamation Statute of Limitations Extension of Time Defamation Proceedings Jurisdiction Solicitor Negligence

Case Brief

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Parties

Keith McKenna

Plaintiff

Kerry County Council

First Defendant

Angela McAllen

Second Defendant

Procedural Posture

Circuit Appeal / High Court Appeal From Circuit Court Order Extending Time to Bring Defamation Proceedings

Legal Issues

  1. 1 Whether an application for extension of time under s. 11(2)(c) of the Statute of Limitations 1957 (as amended) can be made retrospectively after the two-year period for bringing defamation proceedings has expired
  2. 2 Whether solicitor's negligence is a valid reason for delay in bringing defamation proceedings
  3. 3 Whether failure to file a verifying affidavit within time precludes extension of time

Ratio Decidendi

The court held that an application for extension of time under s. 11(2)(c) of the Statute of Limitations 1957 (as amended) can be made retrospectively, provided the proceedings themselves were issued within the two-year period. However, solicitor's negligence is not a valid reason for delay in issuing proceedings, and the plaintiff failed to provide sufficient evidence to justify the delay. Therefore, the extension of time should not be granted.

Court Disposition

Appeal allowed; extension of time refused.

Orders

  • Order of the Circuit Court granting extension of time set aside.
  • Plaintiff's application for extension of time under s. 11(2)(c) refused.