Leo Green v Eilish Hardiman [2019]

Posted In: Case Law
  • Decision Number
    IESC 051
  • Legal Body
    Irish Supreme Court (IESC)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Statute of Limitations (Amendment) Act 1991; Personal Injury due to Medical Negligence

While we do not normally cover medical negligence cases this case is interesting from a time limits perspective and the potential it raises for employees to bring claims of Personal Injury under the exception to the time limit discussed herein. 

This case focuses on whether the Plaintiff, Leo Green, should be entitled to compensation as a result of an action brought to the High Court for professional medical negligence. The Defendant argued that the claim was not brought within two years of the occurrence of the wrong and therefore was statute barred as per Section 3 of the Statute of Limitations (Amendment) Act 1991.

There is an exception to the two-year rule - time can be extended

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This article is correct at 10/07/2019

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