High Court dismisses personal injuries action arising from plaintiff's alleged rape by the defendant, on the grounds that it is statute barred, the action having commenced 28 years after the alleged incident.
Personal injury proceedings – trial of preliminary issue – Statute of Limitations - Plaintiff alleges that she was raped by the defendant in July 1987 – alleges that the her life has been blighted by the alleged rape – alleges consequential mental health difficulties – issued proceedings in September 2015 – claimed that she was under a disability by reason of the fact that she was suffering from a post-traumatic stress disorder, anxiety and depression - o evidence before the court to support the contention that she was at any time acting under such a disability – full defence filed – alleged that it was an attempt to extort money – no criminal charges were brought after investigation - claim is greatly outside the two-year time limit on the bringing of personal injuries actions - 27 years of age at the time of the alleged assault and thus is outside the protective ambit of s.48A(1)(a) – outside the 6 months period provided by the PIAB authorisation – Court dismisses the plaintiff’s claim for being statute-barred.