Poole v O'Sullivan
Jurisdiction | Ireland |
Judge | Mr. Justice Morris |
Judgment Date | 01 January 1993 |
Neutral Citation | 1992 WJSC-HC 4067 |
Court | High Court |
Docket Number | [1990 No. 9791P],9791P/1990 |
Date | 01 January 1993 |
1992 WJSC-HC 4067
THE HIGH COURT
BETWEEN
Citations:
STATUTE OF LIMITATIONS 1957 S11(2)(b)
MCGUINNESS V ARMSTRONG PATENTS LTD 1980 IR 289
PRITAM KAUR V S RUSSELL & SONS LTD 1973 1 QB 336
MUMFORD V HITCHCOCKS 1863 14 CB NS 361
HODGSON V ARMSTRONG 1967 1 AER 307
HUGHES V GRIFFITHS 1862 13 CB NS 324
RSC O.122 r9
Synopsis:
ACTION
Commencement
Time limit - Expiration - ~Dies non~ - Central Office - Closure - Summons issued on next working day - (1990/9791 P - Morris J. - 23/10/92) - [1993] 1 I.R. 484 - [1993] ILRM 55
|Poole v. O'Sullivan|
PRACTICE
Time limit
Expiration - ~Dies non~ - Central Office - Closure - Summons issued on next working day - (1990/9791 P - Morris J. - 23/10/92)
|Poole v. O'Sullivan|
Judgment of Mr. Justice Morrisdelivered the 23rd day of October 1992.
This matter comes before me by way of an application for the trial of a preliminary issue arising out of the Statute of Limitations 1957, the Defendant contending that the Plaintiff's proceedings have not been brought within the statutory period.
The facts and circumstances in which the application arises are as follows. The Plaintiff was working as a caretaker in Scoil Assaim in Raheny on the 4th of July 1987 when he suffered an accident and sustained personal injuries which he claims arose because of the negligence of his employers. Prior to the issuing of proceedings there was correspondence between the Plaintiff's Solicitors and the insurance company indemnifying his employers and ultimately it was agreed that the present Defendant Father Philip O'Sullivan would be named to represent the Defendant's interest in the matter. Having clarified the position and at a time prior to the expiration of the statutory period ofthree years, the Summons was transmitted to the Plaintiff's Solicitors Agents for issue in the Central Office. This occurred on the 4th of July 1990. However it was not possible to issue the Summons because the Central Office were not prepared to accept the Summons with the word "Father" included in the title of the action before the Defendant's name and, moreover, they indicated that it should have been included in the endorsement of claim that the Defendant was being sued in his capacity as a religious person. The Summons was duly returned to the Plaintiff's Solicitors who received it back on the 9th of July 1990 which is a Monday and was the day after the three year period had expired. The amendments were immediately made and the Summons was returned to the Central Office when the Summons was issued on the 9th of July 1990.
The relevant dates in the matter are as follows. The accident is alleged to have happened on the 8th of July 1987. Three years expired on Saturday the 7th of July 1990. The Central Office of the High Court was open on neither Saturday the 7th of July 1990 nor Sunday the 8th of July 1990. The Summons was issued on the 9th of July 1990.
Section 11 (2)(b) of the Statute of Limitations 1957 provides that an Action claiming damages for negligence, nuisance or breach of contract.... where the damages claimed by the Plaintiff for the negligence, nuisance or breach of contract consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date upon which the cause of action accrued. Mr. Justice McMahon...
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