Jump to Content Jump to Main Navigation

Contents

A Casebook on Equity and Trusts in Ireland

V. Delay Defeats Equity

In Chapter 1: Fundamental Principles

A Casebook on Equity and Trusts in Ireland

Author:
J.C.W. Wylie
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
1998
Law As Stated At:
1 May 1998
Caution must be exercised over this maxim. In general, it has no application where a cause of action is governed by the Republic’s Statute of Limitations 1957 (or the Limitation (NI) Order 1989), although there is an exception where the statutory limitation period is extended owing to a disability affecting the plaintiff and the constitutional right to fair procedures may come into play in the Republic: see O’Domhnaill v Merrick [1984] IR 151; Toal v Duignan (No 2) [1991] ILRM 140; Guerin v Guerin [1992] 2 IR 287. See also Brady and Kerr, The Limitations of Actions (2nd 1994), pp 18-19 and 37-38. It is also the case that the courts have tended to apply the statutory limitation periods to cases strictly outside the statute but so clearly akin as to justify similar treatment: see Barbour v Houston , p 1 supra . However, subject to such rules, equity developed its own ...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.