Personal injuries claim is statute barred

By: Ciaran Joyce BL

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High Court dismisses claim that member of Defences Forces was exposed to various dangerous chemicals and solvents on an ongoing basis, as a result of which he suffered severe personal injury, loss and damage, on the grounds that the proceedings were statute barred as it was in 2009 that the plaintiff had the relevant knowledge to start the two-year limitation period running.

Personal injuries – member of Defences Forces was exposed to various dangerous chemicals and solvents on an ongoing basis as a result of which he suffered severe personal injury, loss and damage – s. 2 Statute of Limitations Act 1957 as amended by the Statute of Limitations (amendment) Act 1991 (the Act of 1991) – Civil Liability and Courts Act 2004 – whether the plaintiff’s claim is statute barred – O. 25 and/or O. 35 and/or O. 36 of the Rules of the Superior Courts – “date of knowledge” – plaintiff claims sufficient knowledge to make the connection between his work environment and his injuries rose when he received a medical expert report in 2013 – as of January 2009 the plaintiff had the knowledge required under s. 2 of the Act of 1991 to start the two-year limitation period running – claim dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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