Lehany v. Loftus [2001] IEHC 108 (20th July, 2001)

Lehany v. Loftus [2001] IEHC 108 (20th July, 2001)

The Court finds that the Applicant's proposed claim is statute barred under the Statute of Limitations, 1957, as the limitation period expired before leave was sought. Even if substantial grounds existed for contending lack of reasonable care or bad faith, leave is refused on the basis of statute bar.

Source-derived case information.

Citation
[2001] IEHC 108
Parties
Applicant: Seán Lehany; First Respondent: Dr. Declan Loftus; Second Respondent: Western Health Board
Jurisdiction
Ireland
Procedural Posture
Application for Leave to Institute Civil Proceedings Under Mental Treatment Act, 1945 / High Court Judgment on Leave Application
Outcome
Leave to institute civil proceedings refused
Legal Topics
Statute of Limitations, Bad Faith, Reasonable Care, Detention Under Mental Treatment Act, Leave to Institute Proceedings
Mental Health Law Medical Negligence Civil Procedure Statute of Limitations Bad Faith Reasonable Care Detention Under Mental Treatment Act Leave to Institute Proceedings

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Parties

Seán Lehany

Applicant

Dr. Declan Loftus

First Respondent

Western Health Board

Second Respondent

Procedural Posture

Application for Leave to Institute Civil Proceedings Under Mental Treatment Act, 1945 / High Court Judgment on Leave Application

Legal Issues

  1. 1 Whether substantial grounds exist for contending that Respondents acted in bad faith or without reasonable care under Section 260 of the Mental Treatment Act, 1945
  2. 2 Whether the Applicant's proposed claim is statute barred under the Statute of Limitations, 1957

Ratio Decidendi

The Court finds that the Applicant's proposed claim is statute barred under the Statute of Limitations, 1957, as the limitation period expired before leave was sought. Even if substantial grounds existed for contending lack of reasonable care or bad faith, leave is refused on the basis of statute bar.

Court Disposition

Leave to institute civil proceedings refused

Orders

  • Application for leave under Section 260 of the Mental Treatment Act, 1945 is refused
  • No order as to costs