Gallagher v. Minister for Defence [1998] IEHC 32; [1998] 4 IR 457 (25th February, 1998)

Gallagher v. Minister for Defence [1998] IEHC 32; [1998] 4 IR 457 (25th February, 1998)

The plaintiff did not have knowledge that his injury was significant or attributable to the defendants' alleged negligence in November 1989; therefore, the statutory limitation period did not begin to run at that time and the defence based on the Statute of Limitations fails.

Citation
[1998] IEHC 32
Parties
Plaintiff: Michael Gallagher; Defendants: Minister for Defence Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Personal Injury Action / Interim Judgment on Statute of Limitations Defence at Close of Plaintiff's Case
Outcome
Defence based on the Statute of Limitations dismissed
Legal Topics
Statute of Limitations, Personal Injuries, Date of Knowledge, Negligence
Tort Law Limitation of Actions Statute of Limitations Personal Injuries Date of Knowledge Negligence

Case Brief

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Parties

Michael Gallagher

Plaintiff

Minister for Defence Ireland and the Attorney General

Defendants

Procedural Posture

Personal Injury Action / Interim Judgment on Statute of Limitations Defence at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred under the Statute of Limitations (Amendment) Act 1991
  2. 2 Determination of the plaintiff's 'date of knowledge' for limitation purposes

Ratio Decidendi

The plaintiff did not have knowledge that his injury was significant or attributable to the defendants' alleged negligence in November 1989; therefore, the statutory limitation period did not begin to run at that time and the defence based on the Statute of Limitations fails.

Court Disposition

Defence based on the Statute of Limitations dismissed

Orders

  • Statute of Limitations defence fails; case to proceed