Defendant is estopped from relying on the defence that a claim was statute barred

Employer liability – personal injuries – preliminary objection – Statute of Limitations – Form A accepted by the Personal Injuries Board five days late – Order of the Circuit Court that the claim was statute-barred and should be dismissed – de-novo appeal – insurance company conceded the issue of liability – correspondence spoke to taking practical steps aimed at reaching settlement – errors in medical report – insurers did not state that report had to arrive within a specific period or it would alter its willingness to settle the case – even after the expiry of the Statute of limitations period, they continued to acknowledge that liability was not in issue and confirmed it wished to settle the case and sought a medical report in that regard – no reference to time limit or condition – clear and unambiguous admission of liability – matters were not dormant when the statute expired – plaintiff’s solicitor was taking steps to obtain a medical report – failure on the part of the plaintiff to respond to the defendant insurer does not mean there can be no estoppel – actions of the Defendant insurer estopped them from relying on the Statute.