Fosberry (nee Reid) v The Poor Sisters of Nazareth [2018] NIQB 78 (17 October 2018)

Fosberry (nee Reid) v The Poor Sisters of Nazareth [2018] NIQB 78 (17 October 2018)

Because the plaintiff's claim was not time barred before the Statute of Limitations Act (Northern Ireland) 1958 came into force, the court has discretion to override the limitation period; the defendant does not have an irrevocable limitation defence.

Citation
[2018] NIQB 78
Parties
Plaintiff/appellant: Ellen Fosberry (nee Reid); Defendant/respondent: The Poor Sisters of Nazareth
Jurisdiction
Northern Ireland
Judgment Date
17 October 2018
Procedural Posture
Appeal / Appeal From Master's Decision on Application to Strike Out Claim as Time Barred
Outcome
Appeal allowed
Legal Topics
Limitation of Actions, Historical Institutional Abuse, Personal Injury, Statutory Interpretation
Civil Procedure Tort Law Limitation of Actions Historical Institutional Abuse Personal Injury Statutory Interpretation

Case Brief

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Parties

Ellen Fosberry (nee Reid)

Plaintiff/appellant

The Poor Sisters of Nazareth

Defendant/respondent

Procedural Posture

Appeal / Appeal From Master's Decision on Application to Strike Out Claim as Time Barred

Legal Issues

  1. 1 Whether the defendant had an irrevocable limitation defence to the plaintiff's claim under the relevant limitation statutes
  2. 2 Whether the court has discretion to override the statutory limitation period in this case

Ratio Decidendi

Because the plaintiff's claim was not time barred before the Statute of Limitations Act (Northern Ireland) 1958 came into force, the court has discretion to override the limitation period; the defendant does not have an irrevocable limitation defence.

Court Disposition

Appeal allowed

Orders

  • Application by defendant/respondent to strike out plaintiff's claim dismissed