6. The issue in this case is whether these proceedings have been brought within time. To
that extent, this case raises a potential conflict between the provisions of Section 9 of the
Civil Liability Act, 1961 and Section 13 of the Statute of Limitations Act, 1957. If the former
applies, then a two-year limitation period is applicable and the case is statute barred, while if
it is the latter, the appropriate limitation period is twelve years, in which case the case is not
statute barred.
(v) 30 th of May 2011, the plaintiff commenced writing to the solicitors who had
represented the estate, asking that an executor be appointed. Nothing happened
until November 2014, when the plaintiff wrote to the defendant personally asking
her to extract a grant of probate. They also sought possession. Thereafter they
continued to write every year, sometimes twice a year until 2019, when Robert
O’Byrne was appointed administrator ad litem, by the High Court in July, in order
to extract a grant of probate.
The timeline continued as follows: –.
(vi) 20th of September 2019, solicitors for the plaintiff wrote to Robert O’Brien.
(vii) 23rd of September 2019, the special summons was issued. (viii) 14th of November 2019, the Master struck out the summons.
(ix) 9th of December 2019, the High Court set aside the order of the Master. (x) 21st of April 2021, the grant of probate was extracted by Robert O’Brien.
(xi) 21st of October 2021, the Master substituted the defendant for Robert O’Brien.
7. As can be seen, no steps were taken by the plaintiff to realise their security for a period of excess of six years. There is no doubt that these proceedings seeking possession in September 2019, have focussed the parties’ minds.