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High Court accedes to defendant's application to strike out personal injuries proceedings, on the grounds, inter alia, that: (a) while irregularity will not nullify proceedings unless there is an apprehension of prejudice as a result of the plaintiff adopting the incorrect procedure to commence the proceedings before the court, the prejudice that could arise in this case was the deprivation of the benefit of the Statute of Limitations; and (b) in any event, the plaintiff's application to treat the proceedings as if a plenary summons had issued was made at a time outside the six-year time limit, and the claim was therefore bound to fail as it was manifestly statute barred.
Application to have claim struck out as statute barred or, in the alternative, to have whether claim statute barred heard as a preliminary issue - personal injuries proceedings arising out of alleged assault - proceedings issued within six years but not within two - originating document - personal injuries summons issues but statement of claim also delivered - alleged physical and psychological injuries - whether two-year limitation period applies - whether proceedings could be saved by amending pleadings to include claim for breach of bodily integrity - whether assault and trespass to the person interchangeable - s. 10 of the Civil Liability and Courts Act 2004 - whether content of pleadings more important than form - whether proceedings wholly or in part irregular.
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