Reidy v Pasek (Approved) [2023] IECA 44 (16 February 2023)

Reidy v Pasek (Approved) [2023] IECA 44 (16 February 2023)

The failure to issue defamation proceedings within the two-year limitation period from the date of the alleged defamatory publication means the court has no jurisdiction to extend time under s.11(2)(c) of the Statute of Limitations 1957 (as amended), and the mere filing of a motion to extend time does not suffice.

Citation
[2023] IECA 44
Parties
Plaintiff/appellant: Neil Reidy; Defendant/respondent: Czeslaw Pasek
Jurisdiction
Ireland
Judgment Date
16 February 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Extension of Time to Bring Defamation Proceedings
Outcome
appeal dismissed
Legal Topics
Statute of Limitations, Extension of Time, Jurisdiction, Defamation Proceedings
Civil Procedure Defamation Statute of Limitations Extension of Time Jurisdiction Defamation Proceedings

Case Brief

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Parties

Neil Reidy

Plaintiff/appellant

Czeslaw Pasek

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Extension of Time to Bring Defamation Proceedings

Legal Issues

  1. 1 Whether the court has jurisdiction to extend time for bringing defamation proceedings when no proceedings were issued within the statutory two-year period under s.11(2)(c) of the Statute of Limitations 1957 (as amended)
  2. 2 Whether the mere filing of a motion to extend time, without issuing proceedings, is sufficient to stop the limitation period running

Ratio Decidendi

The failure to issue defamation proceedings within the two-year limitation period from the date of the alleged defamatory publication means the court has no jurisdiction to extend time under s.11(2)(c) of the Statute of Limitations 1957 (as amended), and the mere filing of a motion to extend time does not suffice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in limine
  • No jurisdiction to extend time for bringing defamation proceedings as no proceedings were issued within the two-year period