Anglade v Transdev Dublin Light Rail Ltd & Ors (Approved) [2024] IEHC 384 (26 June 2024)

Anglade v Transdev Dublin Light Rail Ltd & Ors (Approved) [2024] IEHC 384 (26 June 2024)

The plaintiff's date of knowledge regarding the third defendant's potential liability did not arise until July 2022, when the existence of the maintenance contract was revealed by the second defendant's defence and affidavit. The plaintiff acted promptly thereafter, and the claim against the third defendant was issued within the statutory period. The action is not statute barred under the 1991 Act.

Citation
[2024] IEHC 384
Parties
Plaintiff: Leila Anglade; First Defendant: Transdev Dublin Light Rail Ltd; Second Defendant: Transport Infrastructure Ireland; Third Defendant: Alstrom Transport Ireland Ltd
Jurisdiction
Ireland
Judgment Date
26 June 2024
Procedural Posture
Personal Injury / Application to Strike Out Claim as Statute Barred; Determination of Preliminary Issue
Outcome
Plaintiff's action against the third defendant is not statute barred; application to strike out dismissed.
Legal Topics
Personal Injury, Date of Knowledge, Statute Barred Claims, Joinder of Parties
Tort Statute of Limitations Personal Injury Date of Knowledge Statute Barred Claims Joinder of Parties

Case Brief

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Parties

Leila Anglade

Plaintiff

Transdev Dublin Light Rail Ltd

First Defendant

Transport Infrastructure Ireland

Second Defendant

Alstrom Transport Ireland Ltd

Third Defendant

Procedural Posture

Personal Injury / Application to Strike Out Claim as Statute Barred; Determination of Preliminary Issue

Legal Issues

  1. 1 Whether the plaintiff's claim against the third defendant is statute barred under the Statute of Limitations 1957 as amended
  2. 2 Determination of plaintiff's date of knowledge for limitation purposes

Ratio Decidendi

The plaintiff's date of knowledge regarding the third defendant's potential liability did not arise until July 2022, when the existence of the maintenance contract was revealed by the second defendant's defence and affidavit. The plaintiff acted promptly thereafter, and the claim against the third defendant was issued within the statutory period. The action is not statute barred under the 1991 Act.

Court Disposition

Plaintiff's action against the third defendant is not statute barred; application to strike out dismissed.

Orders

  • Issue as to whether the plaintiff's action is statute barred against the third defendant to be tried as a preliminary issue.
  • Relief sought by third defendant to dismiss the plaintiff's action as statute barred is refused.