Ryan v. Connolly [2000] IEHC 168 (29th February, 2000)

Ryan v. Connolly [2000] IEHC 168 (29th February, 2000)

The Defendants, through their insurer's correspondence, gave reasonable grounds for the Plaintiff's solicitor to infer that the Statute of Limitations would not be relied upon, particularly after settling the material damage claim and repeatedly inviting settlement discussions. It would be inequitable to allow the Defendants to now plead the Statute of Limitations. Therefore, the defence based on the Statute of Limitations is struck out.

Citation
[2000] IEHC 168
Parties
Plaintiff: Ryan; Defendants: Connolly and Another
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Road Traffic Accident / Preliminary Issue on Statute of Limitations Defence
Outcome
Defence of Statute of Limitations struck out; action to proceed to trial on liability and quantum.
Legal Topics
Statute of Limitations, Estoppel, Personal Injury, Road Traffic Accident
Civil Procedure Tort Law Statute of Limitations Estoppel Personal Injury Road Traffic Accident

Case Brief

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Parties

Ryan

Plaintiff

Connolly and Another

Defendants

Procedural Posture

Personal Injury / Road Traffic Accident / Preliminary Issue on Statute of Limitations Defence

Legal Issues

  1. 1 Whether the Plaintiff's claim is statute barred under section 11(2)(b) of the Statute of Limitations Act 1957
  2. 2 Whether the Defendants are estopped from relying on the Statute of Limitations due to their conduct

Ratio Decidendi

The Defendants, through their insurer's correspondence, gave reasonable grounds for the Plaintiff's solicitor to infer that the Statute of Limitations would not be relied upon, particularly after settling the material damage claim and repeatedly inviting settlement discussions. It would be inequitable to allow the Defendants to now plead the Statute of Limitations. Therefore, the defence based on the Statute of Limitations is struck out.

Court Disposition

Defence of Statute of Limitations struck out; action to proceed to trial on liability and quantum.

Orders

  • Paragraph 8 of the Defence (Statute of Limitations plea) struck out
  • Action to proceed to trial on all issues