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Statute of limitation

  • 05-07-2014 12:22am
    #1
    Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭


    Hi

    Is there a statute of limitation to take a case against an institution, if so, how long?

    If it is a set time period, and you are outside of this, is there anyway of appealing it etc?


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    This question is too vague to answer accurately.

    The statute of limitations is generally six years for civil wrongs (torts) and actions relating to breach of contract. There are two years to take action for personal injuries. There are other limitation periods for other types of actions.

    With regard to personal injuries, the legislation states that the time runs from the date of knowledge that a serious injury occurred. However, this is something which may be difficult prove.

    Depending on whether there is a fiduciary relationship (a particular type of of relationship of trust) or whether the defendant is under some sort of disability, there may be a longer period of limitation. Certain types of situation have no limitation period.

    You should check the legislation and the relevant amendments.

    Perhaps you might give further details.


  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    It's regarding a child exclude from primary school when he was a young child, but it happened around 20 years ago


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    You could go to talk to a solicitor about it, obviously. Even if the Statute of Limitations was not an issue, there could be another issue of delay.

    The statute of limitations does not begin to run against a minor until he or she reaches the age of 18.


  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    You could go to talk to a solicitor about it, obviously. Even if the Statute of Limitations was not an issue, there could be another issue of delay.

    The statute of limitations does not begin to run against a minor until he or she reaches the age of 18.

    Thanks Mustard, but the individual in question is now 32.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    dar100 wrote: »
    Thanks Mustard, but the individual in question is now 32.

    Ah.


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