O' Flaherty v Comyns & Ors (Approved) [2025] IEHC 590 (31 October 2025)

O' Flaherty v Comyns & Ors (Approved) [2025] IEHC 590 (31 October 2025)

The late amendment does not prejudice the plaintiff as any prejudice arises from the substance of the objections, not their timing. The plaintiff would have faced the same limitation risks had the objections been pleaded originally. All three amendments are allowed.

Citation
[2025] IEHC 590
Parties
Plaintiff: Shannon O'Flaherty; Defendant: Michael Comyns; Defendant: John Quilter; Defendant: The Commission of An Garda Síochána; Defendant: The Minister for Justice, Equality and Law Reform; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
31 October 2025
Procedural Posture
Plenary Summons / Application to Amend Defence
Outcome
Application to amend defence granted
Legal Topics
Amendment of Pleadings, Statute of Limitations, Personal Injuries Assessment Board Authorisation, Breach of Constitutional Rights, European Convention on Human Rights
Civil Procedure Personal Injury Constitutional Law Human Rights Law Amendment of Pleadings Statute of Limitations Personal Injuries Assessment Board Authorisation Breach of Constitutional Rights +1 more

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Parties

Shannon O'Flaherty

Plaintiff

Michael Comyns

Defendant

John Quilter

Defendant

The Commission of An Garda Síochána

Defendant

The Minister for Justice, Equality and Law Reform

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Plenary Summons / Application to Amend Defence

Legal Issues

  1. 1 Whether State defendants may amend defence to introduce preliminary objections regarding authorisation, limitation periods, and constitutional claims
  2. 2 Whether late amendment prejudices plaintiff

Ratio Decidendi

The late amendment does not prejudice the plaintiff as any prejudice arises from the substance of the objections, not their timing. The plaintiff would have faced the same limitation risks had the objections been pleaded originally. All three amendments are allowed.

Court Disposition

Application to amend defence granted

Orders

  • State defendants permitted to amend defence to introduce preliminary objections regarding PIAB authorisation, limitation periods, and constitutional damages claim