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' nor that it was attributable in whole or in part to the alleged negligence in November 1989; therefore, the limitation period did not begin then and the defence based on the Statute of Limitations fails.

Citation
[1998] 4 IR 457
Parties
Plaintiff: Michael Gallagher; Defendants: Minister for Defence Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Personal Injury Action / Interim Judgment at End of Plaintiff's Case
Outcome
Defence based on Statute of Limitations fails; claim not statute barred.
Legal Topics
Statute of Limitations, Personal Injury, Date of Knowledge
Tort Limitation of Actions Statute of Limitations Personal Injury Date of Knowledge

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 at End 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 plaintiff's 'date of knowledge' for limitation purposes

Ratio Decidendi

The plaintiff did not have knowledge that his injury was 'significant' nor that it was attributable in whole or in part to the alleged negligence in November 1989; therefore, the limitation period did not begin then and the defence based on the Statute of Limitations fails.

Court Disposition

Defence based on Statute of Limitations fails; claim not statute barred.

Orders

  • Statute of Limitations defence rejected