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High Court refuses application to extend the limitation period during an intended defamation action can be brought, on the grounds that: the application was brought using the incorrect procedures; the delay in bringing the application was inexcusable; and the defendants would suffer prejudice if the application was granted.
Defamation - statute of limitations – intended action - application for a direction
extending the limitation period during which an intended defamation action can be
brought - statutory discretion - separate proceedings before the Circuit Court - wishes to
institute a fresh set of proceedings before the Circuit Court – facts of alleged defamation – timing of the application – statutory interpretation - Court held that the relevant statutory provision requires that an application for a direction be made prior to the institution of proceedings outside the initial one-year limitation period – reasons for the refusal of the application - ex parte application not permitted – delay and lateness of the application – failure to identify the correct defendants - prejudice to the defendant – application refused.
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