O'Brien v Keogh

JurisdictionIreland
Judgment Date28 July 1972
Date28 July 1972
Docket Number[1968. No. 215 P.]
CourtSupreme Court
O'Brien
and
Keogh
(S.C.)

Disability -Infant - Infant in custody of parent having lesser period in which to sue than infant not in such custody - Equality before the law - Personal rights - Right of action - Property rights -Statute of Limitations, 1957 (No. 6), s. 49, sub-s.2(a)(ii) - Constitution of Ireland, 1937, Article40, ss. 1 and 3.

In regard to actions for damages for negligence where the damages claimed include damages for personal injuries, it is enacted by s. 11, sub-s. 2(b), of the Statute of Limitations, 1957, that (subject to s. 49) an action shall not be brought after three years from the date on which the right of action accrued. Sub-paragraph (i) of sub-s. 2(a) of s. 49 enacts that where a person is under a disability (including infancy) on the date when such right of action accrued to him then, subject to sub-paragraph (ii), the action may be brought at any time before the expiration of three years from the date when he ceased to be under the disability or died, whichever first occurs. Sub-paragraph (ii) of the same sub-section states that s. 49 of the Act of 1957 shall not apply unless the plaintiff proves that the person under the disability was not in the custody of a parent when the right of action accrued. On the 8th September, 1963, the infant plaintiff suffered personal injuries as the result of a collision on that date between the motor car of his father (the second defendant), in which the plaintiff was a passenger, and a motor car belonging to the first defendant. On that date the plaintiff was in the custody of his parents. On the 25th January, 1968, the plaintiff instituted an action in the High Court against the defendants claiming damages for his personal injuries on the ground that each defendant had driven his car negligently on the occasion of the collision. The defendants pleaded that the plaintiff's cause of action was statute-barred and the plaintiff raised the issue of the validity of s. 49, sub-s. 2 (a)(ii), of the Act of 1957 having regard to the provisions of the Constitution. An issue was set down for hearing as a preliminary point of law and, having heard submissions on...

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83 cases
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    • Supreme Court
    • 26 Julio 1994
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  • Campbell v Ward
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    • High Court
    • 28 Abril 1981
    ... ... 5By virtue of the decision of the Supreme Court in the case of O'Brien .v. Keogh ( 1972 I.R. 44) section 49(2) (a) (ii) of the Statute of Limitations 1957 was held to be unconstitutional ... 6In the case of Moynihan .v ... ...
  • J & J Haire Company Ltd and Others v Min for Health and Others
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    • High Court
    • 17 Diciembre 2009
    ...and that this constitutes invidious discrimination within the meaning of this expression as used by O'Dalaigh C.J., in O'Brien v. Keogh [1972] I.R. 144 at p. 155." 234 Having referred to the judgment of Kenny J. in Murphy v. Attorney General, the judge continues:- "I do not accept this subm......
  • W. v Ireland (No. 2)
    • Ireland
    • High Court
    • 11 Abril 1997
    ...v. Merck, Sharp & Dohme (Ireland) Ltd.DLRM [1988] ILRM 629 and Sweeney v. DugganIR [1991] 2 I.R. 274 followed; O'Brien v. KeoghIR [1972] I.R. 144 mentioned; Meskell v. C.I.E.IR [1973] I.R. 121; Byrne v. IrelandIR [1972] I.R. 241; Ryan v. IrelandIR [1989] I.R. 177 and Lovett v. GoganIR [1995......
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3 books & journal articles
  • Indexes
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 18-4, October 2014
    • 1 Octubre 2014
    .... . . . . . . 15Nicholas vThe Queen (1998)CLR 173 . . . . . . . 247Nolan vMcLeod 1987 SCCR558 . . . . . . . . . . . . . 16O’Brien vKeogh [1972] IR144 . . . . . . . . . . . . . . . 94O’Leary vAttorney-General [1993] 1IR 102. . . 53,342Ohio vRoberts, 448 US56 (1980) . . . . . . . . . . . 257P......
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    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 18-2, April 2014
    • 1 Abril 2014
    ...57; Glanville Williams,The Proof of Guilt: A Study of the English Criminal Trial (Stevens & Sons: London, 1955). 80 O’Brien v Keogh [1972] IR 144.81 Dillane v Ireland [1980] ILRM 167. 94 THE INTERNATIONAL JOURNAL OF EVIDENCE & PROOF THE PROSECUTION OF ORGANISED CRIME The matter of equality ......
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    • United States
    • Vanderbilt Journal of Transnational Law Vol. 31 No. 3, May 1998
    • 1 Mayo 1998
    ...was to "redress the inequalities imposed by circumstances on orphans and illegitimate children." Id. at 642. (35.) O'Brien v. Keogh [1972] I.R. 144, 154 (Ir. S.C. 1972), available in LEXIS, Intlaw Library, IRECAS (36.) Id. at 154-56. Again, as in the Nicolaou case, the O'Brien court found t......

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