Neville Presho -v- Patrick Doohan and Ors [2009] IEHC 631 (29 April 2009)

Neville Presho -v- Patrick Doohan and Ors [2009] IEHC 631 (29 April 2009)

The plaintiff was under a disability (bi-polar disorder) from the date of accrual of the cause of action until at least the date of instructions to his solicitor, and concealment by silence postponed the accrual of the cause of action; therefore, the defendants are not entitled to dismissal of the claim on grounds of delay or limitation.

Citation
[2009] IEHC 631
Parties
Plaintiff: Neville Presho; Defendant: Patrick Doohan; Defendant: Ostan Thoraigh Comhlacht Teoranta
Jurisdiction
Ireland
Judgment Date
29 April 2009
Procedural Posture
High Court Civil Action (preliminary Issue) / Ruling on Preliminary Issue Regarding Statute of Limitations and Delay
Outcome
Defendants' application to dismiss the plaintiff's claim on grounds of delay/statute of limitations is refused.
Legal Topics
Statute of Limitations, Trespass, Disability (unsound Mind), Concealment and Fraud, Unjust Enrichment, Damages, Setting Aside Agreements
Property Law Tort Law Equity Mental Health Law Statute of Limitations Trespass Disability (unsound Mind) Concealment and Fraud +3 more

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Parties

Neville Presho

Plaintiff

Patrick Doohan

Defendant

Ostan Thoraigh Comhlacht Teoranta

Defendant

Procedural Posture

High Court Civil Action (preliminary Issue) / Ruling on Preliminary Issue Regarding Statute of Limitations and Delay

Legal Issues

  1. 1 Whether the plaintiff's claim is barred by the Statute of Limitations due to delay
  2. 2 Whether the plaintiff was under a disability (unsound mind) postponing the limitation period
  3. 3 Whether concealment or fraud postponed accrual of the cause of action

Ratio Decidendi

The plaintiff was under a disability (bi-polar disorder) from the date of accrual of the cause of action until at least the date of instructions to his solicitor, and concealment by silence postponed the accrual of the cause of action; therefore, the defendants are not entitled to dismissal of the claim on grounds of delay or limitation.

Court Disposition

Defendants' application to dismiss the plaintiff's claim on grounds of delay/statute of limitations is refused.

Orders

  • Plaintiff's claim is not dismissed for delay or limitation.
  • Parties invited to consider amendment of pleadings regarding unjust enrichment.