Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses to dismiss personal injuries action, holding that it was not statute-barred on grounds that the date of issue of the statutory authorisation from the Personal Injuries Assessment Boards was the date of presumed receipt in ordinary course of post.
Personal injuries – preliminary issue: statute of limitations – defendant’s motion - meaning of: date of issue of an Authorisation from PIAB – meaning of ‘issued’: s. 50 PIAB Act - defendant: date of issue is date on which document is posted – plaintiff: date of issue is date on which letter would be delivered in the ordinary course of post – question of when time started running again after Authorisation – service by post: s. 79(1)(c) PIAB Act 2003 – s.18 Interpretation Act 1937 - relevant date is that of presumed receipt in ordinary course of post – claim not statute-barred - defendant’s motion dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now