Statute of Limitations: Know Your Limits

The Statute of Limitations relates to the length of time a person has in which to make a claim following an incident that gives rise to a claim. Limitation periods fix the time limit within which legal proceedings may be brought. They are necessary to provide for finality and certainty and avoid persons and entities being faced with potential claims indefinitely. The principal legislation governing the limitation of actions is the Statute of Limitations, 1957, as amended by the Statute of Limitations (Amendment) Act, 1991 and the Statute of Limitations (Amendment) Act, 2000.

Observing limitation periods is critical because if proceedings are not issued within the requisite limitation period, the claim will be statute barred, which will afford a full defence to the claim and bar recovery by a claimant. The statute of limitations in the Republic of Ireland depends on the type of legal case and also who is taking the case (the rules are different for children). The time period usually starts from the date of accrual of the cause of action or (if later) knowledge of the potential cause of action.

Here is a general view of the time limits for different areas of law?

• Personal Injury Claim – 2 years.
• Medical Negligence Claim – 2 years.
• Tort (excluding personal injury) - 6 years.
• Professional Negligence – 6 years.
• Breach of Contract – 6 years.
• Contract under seal (specialty) - 12 years.
• Defamation - 1 year (or such longer period as the court may direct not exceeding 2 years) S.38, Defamation Act, 2009.
• Recovery of land - 12 years (30 years in the case of the State).
• Claim to personal estate of deceased person (as beneficiary) - 6 years.
• Claims for non fraudulent breach of trust - 6 years.

It should be noted that the day upon which the cause of action accrues is to be included in computing the above periods (see McGuinness v. Armstrong Patents Ltd [1980] IR 289).

Although limitation periods are absolute and the Court has no discretion to waive or modify their operation on discretionary grounds, limitation periods are procedural rather than jurisdictional. This means that any limitations arguments must be raised by the defendant themselves and will not be raised by the court of its own motion.

Possible Exceptions:

There are some circumstances in which the applicable time limit may be altered, such as:

• Where the injured party has suffered a mental impairment as a result of their injury.
• Where the relevant injury is so serious that it prevents the injured party from bringing a claim. In these circumstances, the clock starts running from the date the injured party becomes capable of bringing a claim.
• Where the injured party has been misdiagnosed with an illness. In these circumstances, the clock starts running from the date they are diagnosed correctly.
• This type of situation can occur in relation to medical negligence cases where a person who receives a negligent medical procedure may not have knowledge of the injury at first until the injury cause problems or they become aware that such problems arose as a consequence of a particular procedure.

If the injured party is under the age of 18 the statute of limitations operates differently as minors cannot take a personal injury claim themselves. Therefore, the two-year limit starts from the date of the child’s 18th birthday. However, a minor may make a claim before their 18th birthday if their parent or guardian will bring it on their behalf.

Please note that where a dispute is governed by alternative dispute resolution such as arbitration, mediation or expert determination, it is important to review the applicable agreement at the outset to establish whether a shorter limitation period has been agreed which will usurp the normal statutory limitation periods and govern the dispute.

In conclusion…

The Statute of Limitations is an important defence to a claim or a factor to consider when issuing proceedings. It is important as a Plaintiff it is considered to ensure that the entitlement to sue is not lost by the passage of time, or as a Defendant as an appropriate defence.