The High Court has held that a defendant was estopped from relying on the Statute of Limitations 1957 based on a clear and unequivocal admission of liability prior to the institution of personal injuries proceedings. The defendant had attempted to enter settlement negotiations with the plaintiff’s solicitor prior to the expiration of two years to bring the claim but no settlement occurred.
Delivering judgment in the case, Mr Justice Mark Heslin applied the principles in Murphy v. Grealish [2009] I.R. 366 and held that it was unconscionable to allow the defendant to rely on the Statute. The court determined that the plaintiff had been lulled into a sense of security by the defendant that the Statute was not important to the case.
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