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High Court refuses an application to extend the time for bringing defamation proceedings, finding that the plaintiff's cause of action accrued on the date of the defendant's complaint to An Garda Síochána, which was outside the statutory limitation period. The plaintiff became aware of the complaint over a year later but did not challenge the evidence establishing the original date of the complaint. The court holds that there was no legal basis to apply a 'date of knowledge' test or to exclude any period of time from the limitation period as the plaintiff had suggested. Consequently, the proceedings are deemed statute barred, and the application dismissed.
Defamation - Statute of Limitations - extension of time - An Garda Síochána - plenary summons - statement of claim - preliminary objection - statute barred - affidavit - corrective affidavit - cause of action - date of knowledge - Statute of Limitations (Amendment) Act 1991 - judicial lawmaking - Oireachtas - Reidy v. Pasek - Joyce v. Mayo Travellers Support Group and Geraghty - McAllister v. Commissioner of An Garda Síochána - O'Brien v. O'Brien - Taheny v. Honeyman & ors - Criminal Justice (Victims of Crime) Act 2017 - Victims' Rights Directive 2012/29 - DPP - constitutional right to a good name - Legal Services Regulation Act 2015.
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