Mullins v Irish Prison Service & ors [2018] IEHC 486 (22 August 2018)

Mullins v Irish Prison Service & ors [2018] IEHC 486 (22 August 2018)

Plaintiff had sufficient knowledge of a significant injury and its attribution to his employer by October 2013, making the claim statute barred under s.2 of the Statute of Limitations (Amendment) Act 1991.

Citation
[2018] IEHC 486
Parties
Plaintiff: Robert Mullins; Defendant: Irish Prison Service; Defendant: Minister for Justice and Equality; Defendant: Ireland
Jurisdiction
Ireland
Judgment Date
22 August 2018
Procedural Posture
Personal Injury Plenary Summons / Application to Dismiss Claim as Statute Barred
Outcome
Claim dismissed as statute barred
Legal Topics
Statute of Limitations, Workplace Injury, Knowledge for Limitation Purposes
Tort Employment Law Personal Injury Statute of Limitations Workplace Injury Knowledge for Limitation Purposes

Case Brief

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Parties

Robert Mullins

Plaintiff

Irish Prison Service

Defendant

Minister for Justice and Equality

Defendant

Ireland

Defendant

Procedural Posture

Personal Injury Plenary Summons / Application to Dismiss Claim as Statute Barred

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred under the Statute of Limitations Act 1957 as amended
  2. 2 When the plaintiff acquired the requisite knowledge for limitation purposes under s.2 of the Statute of Limitations (Amendment) Act 1991

Ratio Decidendi

Plaintiff had sufficient knowledge of a significant injury and its attribution to his employer by October 2013, making the claim statute barred under s.2 of the Statute of Limitations (Amendment) Act 1991.

Court Disposition

Claim dismissed as statute barred

Orders

  • Plaintiff's claim dismissed
  • Defendants' application to dismiss granted