O'Reilly -v- Collier & anor [2015] IEHC 729 (20 November 2015)

O'Reilly -v- Collier & anor [2015] IEHC 729 (20 November 2015)

Plaintiff's date of knowledge that injuries were attributable in whole or in part to acts or omissions of Fingal County Council was no later than 20 October 2010, when the Garda Abstract Report was received. The statements of Gardaí regarding road conditions as a possible contributory factor ought to have put plaintiff or his solicitor on inquiry. Proceedings against Fingal County Council are statute-barred.

Citation
[2015] IEHC 729
Parties
Plaintiff: Luke O'Reilly; First Named Defendant: Nuala Collier; Second Named Defendant: Fingal County Council
Jurisdiction
Ireland
Judgment Date
20 November 2015
Procedural Posture
Personal Injuries / Preliminary Issue on Statute of Limitations
Outcome
Second named defendant (Fingal County Council) released from proceedings as claim is statute-barred; claim against first named defendant remains extant.
Legal Topics
Statute of Limitations, Date of Knowledge, Negligence, Road Traffic Accident
Tort Personal Injury Civil Procedure Statute of Limitations Date of Knowledge Negligence Road Traffic Accident

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Parties

Luke O'Reilly

Plaintiff

Nuala Collier

First Named Defendant

Fingal County Council

Second Named Defendant

Procedural Posture

Personal Injuries / Preliminary Issue on Statute of Limitations

Legal Issues

  1. 1 Whether proceedings against Fingal County Council are statute-barred under the Statute of Limitations
  2. 2 Determination of plaintiff's 'date of knowledge' for limitation purposes

Ratio Decidendi

Plaintiff's date of knowledge that injuries were attributable in whole or in part to acts or omissions of Fingal County Council was no later than 20 October 2010, when the Garda Abstract Report was received. The statements of Gardaí regarding road conditions as a possible contributory factor ought to have put plaintiff or his solicitor on inquiry. Proceedings against Fingal County Council are statute-barred.

Court Disposition

Second named defendant (Fingal County Council) released from proceedings as claim is statute-barred; claim against first named defendant remains extant.

Orders

  • Second named defendant released from proceedings
  • Matter to proceed against first named defendant only