The Statute of Limitations limits the periods in which civil proceedings may be commenced. The general limitation periods have been held to be constitutional. However, certain limitation periods have been held unconstitutional.<\/p>\n
In O’Brien v Manufacturing Engineering Company, the Supreme Court upheld the challenges against the constitutionality to a time limit for bringing proceedings for under the old \u00a0Workmen\u2019s Compensation Acts. A person who accepted compensation under the scheme could sue his employer for negligence for breach of duty causing personal injury within a reduced time limit of two years. It was held the two year period, or indeed a one year period was not unconstitutional.<\/p>\n
The six year time limits for breach contract and ordinary tort, other than personal injury was upheld in Tuohy v Courtney. There were just and reasonable policy decisions for the time limits.<\/p>\n
O’Brien v Keogh concerned a provision by which the ordinary time limit of three years applied in the case of an under-aged plaintiff in the custody of his parents, of either of his parents. However, in the case of children who were in the custody of neither parent, the time limit was extended until after the claimant became of full age. The Supreme Court did not accept the distinction as sufficiently justified and struck it down.<\/p>\n
In Cahill v Sutton, a challenge to the constitutionality of a provision of the Statute of Limitations which involved a time limit that could run without knowledge of the claimant was rejected, principally on other grounds.<\/p>\n
In Monahan and Greensmith, the two-year time limit for claims against the estate of a deceased that survived on a person’s death was held to be fair and reasonable. It was justified as being in the interest of the administration of estates.<\/p>\n\n
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Due Process The constitutional obligations of fair procedures apply to civil court procedures. Court Rules and the rules of evidence, give effect to long-standing principles of fair procedures. The European Convention on Human Rights guarantees that in the determination of civil rights and obligations, persons are entitled to a fair and public hearing within a […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[39],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/928"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=928"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/928\/revisions"}],"predecessor-version":[{"id":932,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/928\/revisions\/932"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=928"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=928"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=928"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}