O'Reilly v Granville

Judgment Date15 July 1971
Date15 July 1971
Docket Number[1968. No. 2983 P.]
CourtSupreme Court

Adding party as defendant - Cause of action against proposed defendant being statute barred - Whether application should be granted - Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962), Or. 15, r. 13 - Statute of Limitations, 1957 (No. 6), s. 11, sub-s. 2 (b).

The plaintiff, while driving his motor car, suffered personal injuries in a collision between his car and another car. The plaintiff sued the defendant in the mistaken belief that he had been the owner and driver of the other car involved in the accident. After the issue of his plenary summons, the plaintiff was informed that Desmond Granville had been the driver of the other car at the time of the collision. The plaintiff applied to the High Court for leave to add Desmond Granville as a defendant in the action. The period allowed to the plaintiff by the Statute of Limitations, for bringing an action against the proposed defendant, had expired before the application was made. The concluding sentence of Order 15, r. 13, provides that "Every party whose name is so added as defendant shall be served with a summons or notice in manner hereinafter mentioned . . . and the proceeding as against such party shall be deemed to have begun only on the service of such summons or notice." The plaintiff's application was dismissed in the High Court on the ground that, as the statutory period had expired, it would be pointless to add the proposed defendant as a party to the action as he had stated that, if sued, he would plead the statute. On appeal by the plaintiff it was Held, by the Supreme Court ( Ó Dálaigh C.J., Walsh and Budd JJ.), in allowing the appeal, 1, that the proposed defendant...

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32 cases
  • Doran v Thompson Ltd
    • Ireland
    • Supreme Court
    • 1 January 1979
    ...to cause or contribute to thatbelief. 68Counsel for the plaintiff relied strongly on the decision of this Court in O'Reilly v. Granville (1971) I.R.90. That was an application to add a party as a defendant in a motor car case. Objection to this step was taken on the ground that at the date......
  • Cooney, Southern Mineral Oil Ltd ((in Liquidation)) v (No. 2)
    • Ireland
    • High Court
    • 1 January 1999
    ...against him. Allied Irish Coal Supplies Ltd. v. Powell Duffryn Intl. Fuels Ltd.IR [1998] 2 I.R. 519 applied. O'Reilly v. GranvilleIRUNK [1971] I.R. 90 not followed. 4. That, in order for a court to exercise the jurisdiction given by O. 15, r. 2 of the Rules of the Superior Courts, 1986, to ......
  • Sandy Lane Hotel Ltd v Times Newspapers Ltd
    • Ireland
    • High Court
    • 10 December 2010
    ...application to substitute parties under O 15, r 13 - Date of commencement of action - Whether claim statute barred - O'Reilly v Granville [1971] 1 IR 90 applied; Southern Mineral Oil Ltd (In Liquidation) v Cooney (No 2) [1999] 1 IR 237, Kennemerland v Montgomery [2000] ILRM 370, Kinlon v C......
  • Clarke v O'Gorman
    • Ireland
    • Supreme Court
    • 30 July 2014
    ...of Limitations is one that is well recognised and was well known in 2003 when the Act was enacted. Thus, in O'Reilly v. Granville [1971] I.R. 90 (p. 95) O'Dálaigh C.J. adopted a passage from Lightwood on Limitations (1909) (Lightwood, The time limit on actions being a treatise on the statu......
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