Hynes -v- Allied Irish Banks Plc. [2018] IEHC 229 (20 April 2018)

Hynes -v- Allied Irish Banks Plc. [2018] IEHC 229 (20 April 2018)

The proceedings are statute barred as the cause of action for defamation accrued on the date of first publication (registration of judgment mortgage), not when the plaintiff became aware or when the judgment was set aside; fraudulent concealment does not apply as there was no duty to notify and no concealment; claims for negligence are in substance defamation and are also statute barred.

Citation
[2018] IEHC 229
Parties
Plaintiff/respondent: Peter Hynes; Defendant/applicant: Allied Irish Banks Plc.
Jurisdiction
Ireland
Judgment Date
20 April 2018
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
dismissed
Legal Topics
Statute Barring of Defamation Claims, Date of Accrual of Cause of Action, Fraudulent Concealment, Multiple Publication Rule, Negligence in Registration of Judgment Mortgage
Defamation Statute of Limitations Negligence Statute Barring of Defamation Claims Date of Accrual of Cause of Action Fraudulent Concealment Multiple Publication Rule Negligence in Registration of Judgment Mortgage

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Parties

Peter Hynes

Plaintiff/respondent

Allied Irish Banks Plc.

Defendant/applicant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the proceedings are statute barred under s.11(2)(c) of the Statute of Limitations 1957 as amended by s.38 of the Defamation Act 2009
  2. 2 Whether the cause of action accrued on the date of first publication or when the plaintiff became aware
  3. 3 Whether fraudulent concealment extends the limitation period under s.71(1)(b) of the Statute of Limitations 1957

Ratio Decidendi

The proceedings are statute barred as the cause of action for defamation accrued on the date of first publication (registration of judgment mortgage), not when the plaintiff became aware or when the judgment was set aside; fraudulent concealment does not apply as there was no duty to notify and no concealment; claims for negligence are in substance defamation and are also statute barred.

Court Disposition

dismissed

Orders

  • Proceedings dismissed insofar as they concern claim for defamation of character.
  • No extension of limitation period granted under s.71(1)(b) Statute of Limitations 1957.