27/06/2023 0 Comments
Time limit to issue proceedings.
There is a time limit of 12 months from the date of the defamation occurred, to issue proceeding for redress.
However, in a recent High Court decision from a Circuit Court appeal the court considered whether the 12-month period can be extended (under s. 11(2)(c) of the Statute of Limitations 1957 as inserted by s. 38(1)(a) of the Defamation Act, 2009). The issue raised on the appeal was whether an application for an extension of time under that section can be made retrospectively outside the permitted extension period in respect of proceedings which have already been issued within the period.
The judge considered the facts of the particular case and case law on the matter and concluded that time could not be extended beyond the required 12 months. Consequently, it is especially important for people who believe they have been defamed to act without delay in seeking legal advice with a view to issuing proceedings.