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Supreme Court dismisses appeal from High Court, and affirms decision (by way of preliminary issue) that a personal injuries claim was not statute barred, where a second authorisation had issued by the Personal Injuries Assessment Board (PIAB), naming a different defendant, during the period of disapplication of the limitation period provided by the first PIAB authorisation, on grounds that the relevant legislation provided for the issue of the second authorisation.
O'Donnell J (nem diss): Injury sustained in course of employment as security officer at licensed premises - car driven onto footpath and through bollards - claim against night club - alleged negligence in management of business of night club - whether claim statute barred - injury sustained in July 2007 - proceedings issued in May 2010 - s. 7 of the Civil Liability and Courts Act 2004 - two-year limitation period - s. 50 of the Personal Injuries Assessment Board Act 2003 - identification of correct defendant - application to Personal Injuries Assessment Board (PIAB) three days prior to expiration of limitation period - assessment declined by named defendant (Club Diva) - application to PIAB to amend authorisation to different named defendant - second authorisation issued in name of different defendant - proceedings issued - application to determine limitation period as preliminary issue - s. 2(1)(d) of the Statute of Limitations (Amendment) Act 1991 - whether accrual of cause of action had been postponed - whether identity of defendant was readily available - section 46(3), 2003 Act.
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