Kennedy -v- Health Service Executive & ors [2016] IEHC 696 (02 December 2016)

Kennedy -v- Health Service Executive & ors [2016] IEHC 696 (02 December 2016)

Plaintiff had actual and constructive knowledge of delay in diagnosis by June 2007; that aspect of claim is statute barred. Allegations of excessive surgery may depend on later date of knowledge, requiring evidence at trial. Constitutional and estoppel arguments rejected; paragraphs in reply struck out.

Source-derived case information.

Citation
[2016] IEHC 696
Parties
Plaintiff: Mary Kennedy; First Defendant: Health Service Executive; Second Defendant: Margaret O’Shea Grewcock; Third Defendant: Legal Aid Board
Jurisdiction
Ireland
Judgment Date
02 December 2016
Procedural Posture
Personal Injury / Preliminary Issue Trial on Statute of Limitations
Outcome
Partial dismissal of statute-barred claims; remaining allegations to proceed to trial.
Legal Topics
Statute of Limitations, Date of Knowledge, Constitutional Rights, Estoppel
Medical Negligence Personal Injury Statutory Interpretation Statute of Limitations Date of Knowledge Constitutional Rights Estoppel

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Parties

Mary Kennedy

Plaintiff

Health Service Executive

First Defendant

Margaret O’Shea Grewcock

Second Defendant

Legal Aid Board

Third Defendant

Procedural Posture

Personal Injury / Preliminary Issue Trial on Statute of Limitations

Legal Issues

  1. 1 Whether the plaintiff's claim against the first defendant is statute barred under the Statute of Limitations Act 1957 as amended
  2. 2 Whether the plaintiff's constitutional right to litigate overrides the statute bar
  3. 3 Whether estoppel prevents the first defendant from relying on the statute bar

Ratio Decidendi

Plaintiff had actual and constructive knowledge of delay in diagnosis by June 2007; that aspect of claim is statute barred. Allegations of excessive surgery may depend on later date of knowledge, requiring evidence at trial. Constitutional and estoppel arguments rejected; paragraphs in reply struck out.

Court Disposition

Partial dismissal of statute-barred claims; remaining allegations to proceed to trial.

Orders

  • Paragraph 3 (constitutional argument) and paragraph 4 (estoppel) of reply to defence struck out; not to be raised at trial.
  • Plaintiff entitled to continue action on remaining allegations.