Statute of Limitations in Ireland
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The Statute of Limitations, 1957 and the Statute of Limitations (Amendment) Act, 1991 imposes a limit on the right of action so that after a prescribed period any action will be time barred.[1] A list of cause of actions effected are listed under part two of the Statute of Limitations 1957.
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 sometimes different for children). The time period usually starts from the date of knowledge of the potential cause of action.
[edit] Limitation periods
- Summary offences: 6 months
- Indictable offences: no limit,[2] judges have discretion regarding excessively long delays
- Assault: 6 years [3]
- Actions for the recovery of Land: 12 years
- Defamation: 1 year[4] (may be extended by the Courts to 2 years)
- Personal injury resulting from negligence, nuisance, or breach of duty: 2 years for adults [5] and 2 years from 18th birthday for infants [6]
- Breach of contract: 6 years
- Maritime: 2 years
There are several special cases, such as tax evasion (10 years) and the use of an unlicensed television set (one year).[7]
[edit] Notes
- Statute of Limitations, 1957
- Statute of Limitations (Amendment) Act, 1991
- Statute of Limitations (Amendment) Act, 2000
- Defamation Act 2009
- Civil Liability and Courts Act 2004
- Civil Liability Act 1961
- Liability for Defective Products Act 1991
[edit] References
- ^ Bar Review Institution of Proceedings the Statute of Limitations
- ^ "Section 7 of the Criminal Justice Act 1951". http://www.irishstatutebook.ie/1951/en/act/pub/0002/sec0007.html.
- ^ Devlin -v- Roche & ors (2002) IESC 34
- ^ Defamation Act 2009, Section 38
- ^ "Injury Claims Statute of Limitations". http://www.injury-compensation.ie/injury-claims-statute-of-limitations/.
- ^ "Children's Injury Claims". http://www.injury-compensation.ie/children-personal-injury-claims/.
- ^ "Time limitations for the commencement of criminal proceedings". http://www.citizensinformation.ie/categories/justice/criminal-law/criminal-trial/time_limitations.
