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Plaintiff’s bi-polar disorder prevented defendants relying on limitation period
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High Court, by way of preliminary issue, rules that defendants could not rely on limitation period, where plaintiff suffered from bi-polar disorder and circumstances of destruction of property had been concealed from him.
Equity - preliminary issue - purchase of dwelling house in 1982 - departure of owner for eight years - damage to house by fire in 1993 - no documentary evidence of Garda investigation - no forensic evidence that fire was malicious - site of house being used as car park for hotel - Land Registry folio missing - breakdown - bi-polar disorder - plaintiff committed to psychiatric hospital in 1994 - plenary summons issued 2006 - defence of delay - Statute of Limitations - s. 35(1)(i) of the Civil Liability Act 1961 (as amended) - s 49, Statute of Limitations 1957 - plaintiff under a disability - definition of "unsound mind" - date of accrual of cause of action - whether cause of action could have accrued prior to discovery of identity of wrongdoer - concealment - effect of discovery of destruction of house like "flicking a switch" on pre-existing bi-polar disorder - whether plaintiff capable of giving instructions to solicitor.
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