Farrell -v- Ryan [2016] IECA 281 (14 October 2016)

Farrell -v- Ryan [2016] IECA 281 (14 October 2016)

The appellant had sufficient knowledge of the injury and its possible cause by 18 February 2010, triggered by the Prime Time programme and subsequent conversation, making the claim statute-barred as proceedings were commenced after the two-year limitation period.

Citation
[2016] IECA 281
Parties
Plaintiff/appellant: Linda Farrell; Defendant/respondent: John Ryan
Jurisdiction
Ireland
Judgment Date
14 October 2016
Procedural Posture
Personal Injury Appeal / Cross Appeal on Statute of Limitations
Outcome
cross-appeal allowed; plaintiff's claim dismissed as statute-barred
Legal Topics
Personal Injury, Limitation Period, Date of Knowledge
Tort Statute of Limitations Personal Injury Limitation Period Date of Knowledge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Linda Farrell

Plaintiff/appellant

John Ryan

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Cross Appeal on Statute of Limitations

Legal Issues

  1. 1 Whether the appellant's claim for damages for personal injury was statute-barred under the Statute of Limitations (Amendment) Act, 1991 as amended
  2. 2 What constitutes sufficient 'knowledge' to start the limitation period for personal injury claims

Ratio Decidendi

The appellant had sufficient knowledge of the injury and its possible cause by 18 February 2010, triggered by the Prime Time programme and subsequent conversation, making the claim statute-barred as proceedings were commenced after the two-year limitation period.

Court Disposition

cross-appeal allowed; plaintiff's claim dismissed as statute-barred

Orders

  • Plaintiff's claim dismissed on statute of limitations grounds