Legal Prescription

dublin66

Question : how long is the legal prescription delay for a legal case in Ireland ?

Thanks !

hullaballoo

In what context?

dublin66

what are the rules, in every context ?

Fred Swanson

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Peregrinus

"Legal prescription delay" is not a term in common used in Irish law. I'm a lawyer, and I don't know what you're asking.

Can you rephrase your question?

CIARAN_BOYLE

Peregrinus wrote: »

"Legal prescription delay" is not a term in common used in Irish law. I'm a lawyer, and I don't know what you're asking.

Can you rephrase your question?

I think he means what are the rules regarding losing the right to sue someone through the passage of time.

IE you were in a car crash 10 years ago. Can you bring a legal case today?

But I'm only guessing what he means.

dublin66

Hi

Sorry I wasn't clear enough.

Example 1 : you didn't pay your taxes, how long do you need to wait so the government cannot sue you anymore ? In most of European countries, it is 10 years.

Example 2 : you had a fight in a pub, or you were involved in a moral affair, and you leave the country. How long before you can come back ? In most countries around the planet, it is 10 years as well.

Example 4 : you have debt at the bank, but you don't give it back and leave. How long are you blackmailed at the bank ?

These are only examples to compare a few European legal systems, when people move freely inside the Schengen system. And don't worry, I never made anything wrong to anybody myself

Thanks !

Really Interested

dublin66 wrote: »

Hi

Sorry I wasn't clear enough.

Example 1 : you didn't pay your taxes, how long do you need to wait so the government cannot sue you anymore ? In most of European countries, it is 10 years.

Example 2 : you had a fight in a pub, or you were involved in a moral affair, and you leave the country. How long before you can come back ? In most countries around the planet, it is 10 years as well.

Example 4 : you have debt at the bank, but you don't give it back and leave. How long are you blackmailed at the bank ?

These are only examples to compare a few European legal systems, when people move freely inside the Schengen system. And don't worry, I never made anything wrong to anybody myself

Thanks !

Ireland while a member of EU is not part of Schengen.

A bank has 6 years to sue for a contract debt.

Criminal matters there is a long answer about minor matters but serious matter there is in effect no statute to limit the bringing of a indictment. There have been cases around for example abuse going back to the 50's and 60's only being prosecuted now. Of course there are always issues of delay. I do not know what you mean by a moral affair.

The tax man can sue and If I remember for up to 12 years.

Fred Swanson

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NUTLEY BOY

BTW, in relation to contract, a court might not always recognise a 6 year limit within which to bring proceedings - laches .

hullaballoo

Laches only applies where equitable relief is sought but there is the more general delay aspect which is becoming more prominent across many areas.

GerardKeating

Fred Swanson wrote: »

This post has been deleted.

I gather (from my extensive watching of American Crime Drama) that (in Ameican Law) that the "clock stops" in terms of "Statutes of limitations" when one is outside the jurisdictions of the court.

Do you know if something similar apply in Ireland ?

Victor

I am not a lawyer, I'm a sleep-deprived albatross that hasn't had coffee.

For contracts, isn't there a difference between contracts under seal and contracts under hand?

CIARAN_BOYLE wrote: »

IE you were in a car crash 10 years ago. Can you bring a legal case today?

Likely not. The limit for personal injury cases is 2-3 years between incident and claim. I'm not sure what the limit is for material damage. There may be a different limit for children.

dublin66 wrote: »

Example 1 : you didn't pay your taxes, how long do you need to wait so the government cannot sue you anymore ? In most of European countries, it is 10 years.

I understood it to be 12 years with cases involving Revenue, but 2 when involving council rates (commercial property tax). However, if you committed a crime, there is no limit.

Example 2 : you had a fight in a pub

If it is a minor matter, the Garda needs to apply for a summons within 6 months, but that can be served any time. If it is a serious matter, there is no limit for the summons. The summons can then be served at any time. However, you can apply to the court if there is an undue delay between the event and prosecution.

and you leave the country. How long before you can come back ? In most countries around the planet, it is 10 years as well.

You can come back any time you want. The summons may or may not be served.

Example 4 : you have debt at the bank, but you don't give it back and leave.

That may depend on the paperwork. I understand some cases are 6 years, others 12.

How long are you blackmailed at the bank ?

By "blackmail", do you mean "black listed"? They will black list you for as long as they can (subject to data protection law), but if there is a court judgement against you, that might be forever.

They can sue you any time from 6 years after the last time you acknowledged the debt.

These are only examples to compare a few European legal systems, when people move freely inside the Schengen system.

You can still be sued. Note that if you are living in the EU and possibly other jurisdictions, the judgement may be enforced in that other country. In criminal cases, if an extradition is warranted, then it will be sought.

And don't worry, I never made anything wrong to anybody myself

Everyone breaks the law, even if it is just crossing the street when the red man is showing.

Really Interested wrote: »

A bank has 6 years to sue for a contract debt.

Isn't that different for a mortgage?

dublin66

other question : how do you know if you are wanted in Ireland, or if you have a case on the run ?

Victor

dublin66 wrote: »

other question : how do you know if you are wanted in Ireland, or if you have a case on the run ?

You talk to a solicitor. They will know how to make the correct enquiries.