Understanding the Statute of Limitations for Different Civil Claims in Ireland

If you’re considering bringing a civil claim to court in Ireland, it’s important to be aware of the statute of limitations. This legal time limit determines how long you have to bring a claim, and it varies depending on the type of case you’re pursuing. In this blog post, we’ll take a closer look at the statute of limitations for different civil claims in Ireland.

The Statute of Limitations Act 1957 is the primary legislation in Ireland that governs the time limits for bringing legal claims. The Act sets out the time limits for various civil claims, including personal injury claims, contract claims, and claims related to property or land.

Breach of Contract

The statute of limitations for breach of contract claims in Ireland is generally six years from the date of breach. This means that if you wish to bring a claim for breach of contract, you must do so within six years of the breach occurring. However, it’s worth noting that the time limit may vary depending on the terms of the contract.

Personal Injury

The statute of limitations for personal injury claims in Ireland is generally two years from the date of the incident. This means that if you have suffered a personal injury and wish to bring a claim, you must do so within two years of the date of the incident. However, if the claimant did not become aware of the injury until a later date, the two-year time limit starts from the “date of knowledge”.

Medical Negligence

The statute of limitations for medical negligence claims in Ireland is generally two years from the date of the incident or two years from the date of knowledge. This means that if you wish to bring a claim for medical negligence, you must do so within two years of the incident or the date of knowledge. However, there are some exceptions to this rule. For example, if the claimant is a minor, the two-year time limit may be extended until they reach the age of 18. If the claimant suffers a catastrophic injury, the time limit may be extended to allow for the long-term effects of the injury to be assessed.

Defamation

The statute of limitations for defamation claims in Ireland is generally one year from the date of publication of the defamatory statement. This means that if you wish to bring a claim for defamation, you must do so within one year of the statement being published. It’s worth noting that the time limit for defamation claims is relatively short, and it’s always advisable to seek the advice of a legal professional as soon as possible if you believe you have been defamed.

Property Damage

The statute of limitations for property damage claims in Ireland is generally six years from the date of damage. This means that if your property has been damaged and you wish to bring a claim, you must do so within six years of the damage occurring. It’s worth noting that the time limit may vary depending on the type of property damage, and it’s always advisable to seek the advice of a legal professional if you’re unsure about the time limit for your particular case.

Why is the statute of limitations important?

The statute of limitations is an important aspect of civil law in Ireland. It provides clarity and certainty for both claimants and defendants, and ensures that cases are dealt with promptly and efficiently. It also helps to prevent stale claims from being brought after a long period of time has passed, which can be difficult to defend against and can be unfair to the defendant.

Exceptions

In some cases, the statute of limitations may be extended or suspended. For example, if the claimant is under a disability (such as being a minor or having a mental incapacity), the time limit may be extended. Similarly, if the claimant is outside the jurisdiction of the court (for example, if they are living abroad), the time limit may be suspended.

Conclusion

The statute of limitations is an important aspect of civil law in Ireland. It’s essential to be aware of the relevant time limits and deadlines when bringing a claim, as failure to do so may result in the claim being time-barred. If you’re unsure about the statute of limitations for your particular case, it’s always advisable to seek the advice of a legal professional. A qualified Solicitor can provide guidance and support, and help.

The content on this blog is not intended to be a substitute for professional advice, and should not be relied upon as such.

If you need advice about the Statute of Limitations for your case or any other legal matter, please contact me today on +35316625233 or aidan.duggan@mceneaneytighe.ie

Aidan Duggan (Solicitor)