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Time Limits for Commencing Legal Proceedings-Statute of Limitations Essentials - YouTube
Channel: Terry Gorry Solicitor
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in this video I want to take a look at
something that affects everybody who
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considers or is considering bringing
some sort of a legal claim or commencing
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legal proceedings for wrong and that is
the statute of limitations which set out
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the time limits within which you must
bring legal proceedings or you will find
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that your case is statute barred so
let's have a look firstly there are
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various time limits set out in statute
for example in the statute of
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limitations Act 1957 as amended by the
statute of limitations Amendments acts
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of 1991 or 2000 there's also time limit
set out in the civil liability act of
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1961 Island liability for defective
products Act of 1991 I'm in the civil
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area looking at Courts Act of 2004 but
the sanction essence of what I am saying
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in relation to statute of limitations is
that you must bring your claim within
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the period specified or you'll be
statute barred and the person against
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whom you're bringing the claim would
have a good defense that is that you are
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on time so if an action is not commenced
within the limitation period you know
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become statute barred on the defendant
will have a good defense to the claim
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the limitation period is a stated period
of time the expiry of which extinguishes
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party's legal remedies and also in some
cases of parties and legal rights so
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when does time begin to start running in
general and calculating the time period
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it commences on a date that the cause of
action occurred there are exceptions to
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this however if a plaintiff is under a
disability for example the plaintiff may
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be in the hospital may be a minor or may
have some other disability which
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prevents them from bringing a claim they
may fall into the category of exceptions
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which are allowed where the defendant is
deceased there's a different
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I'm living alone the time limits then a
tort is civil wrong generally the
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limitation period for bringing legal
action founded on a breach or on a tort
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is six years
however torts such as negligence
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nuisance or breach of duty and involving
a personal injury or an action for
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slander have different limitation
periods so an action for a personal
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injury must be brought within two years
of the date on which the cause of action
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accrued or to date and which the
plaintiff first had knowledge of the
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injury that the injury was significant
and the identity of the defendant so it
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may well be the case that you have
suffered an injury but the symptom
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symptoms of the injury may not manifest
themselves for some time for example if
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your injury or psychology or psychiatric
it may well be the case only the
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physical injury they may not manifest
themselves for a while after a
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particular accident or an incident so
it's the days in which the plaintiff
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that's you and first-hand knowledge of
the injury that the injury was
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significant and you knew the identity of
the defendant requisite knowledge then
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so when you had requisite knowledge of
the injury that's defined in section 2
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of the statute of limitations Amendment
Act of 1991 in fatal injury cases the
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action must be brought within two years
of the date of death in an assault claim
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a civil claim for assault you must bring
claim for trespass as a person or
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assault and battery within six years of
the accrual of the cause of action so
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that would be within six years of the
assault a defamation case that must be
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brought within 12 months of the libel or
slander defamation is a possibility
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however having this extended two years
on application to the court
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you will need reasonable grounds or
exceptional circumstances to put forward
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as to why you were not able to bring
your claim however within the 12-month
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settle in the defamation Act of 2009
contract cases then can be brought
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within six years of the breach of
contract so a debt situation if somebody
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fails to pay you for what you've carried
out for service you've provided for
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example if you'll be a small mill or a
paint or decorate or whatever you're six
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years from the date that the money
became Jew inhalation however two
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defective cars you must bring the claim
within two years of the date on which
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the cause of action accrued defective
products then actions must be brought
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within three years of either a today an
accrual of the cause of action or be the
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date on which you had knowledge of the
defect damage producer of the product so
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whichever of doors is the later in three
years from that point in relation to
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recovery of land if you have an action
illegal action for recovery of land it
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must be brought within twelve years from
the accrual of the rate of action and
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actions against the estate of a deceased
person must be brought within two years
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of the death of the deceased person when
his time begins Iran
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it begins to run from the date of
accrual of the cause of action this time
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however can be extended in exceptional
circumstances for example if there was
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fraud involved in other words the
defendant fraudulently concealed from
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you that to his own cause of action
arising due to their fraud you were
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unable to discover that you know there
was a cause of action opened to you or
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another exception will be in situations
perhaps a mistake or where the plaintiff
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is under a disability time stops running
that or legal proceedings have been
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instituted in other words in district
court it's when the claim notice or
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summons is sent to the defendant and in
the circuit court in High Court it's
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when legal proceedings have been issued
out of the relevant office
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that is the relevant circuit court
office or central office of the High
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Court as I said at the outset the
plaintiff reserves the right to bring
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nigger proceedings even if the statute
barred another time however the
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defendant will have a good defense if he
pleads statute of limitations as a
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defense because in these circumstances
the if the proceedings were commenced
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over time then they will be probably in
almost certainly statute bird but the
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court cannot consider whether the case
is statute barred or not or an S the
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defendant has pleaded the statute of
limitations in their defense hope you
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find this video useful if you do give
thumbs up down below and you might be
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interested in subscribing to my youtube
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