'Defer no time, delays have dangerous ends...'

The High Court in Belfast was recently asked to consider when ‘the clock starts ticking’ under the Limitation (Northern Ireland) Order 1989 for legal action to be taken. 

The Plaintiff’s employment with the Defendant commended in 1984.  Ten years later, the Plaintiff applied for his post to be regraded.  He was give the assurance that this would be considered. The Plaintiff retired in 2003. 

Between 2006 and 2010,  his former position was evaluated and subsequently upgraded.  It was common case that the Plaintiff would have been entitled to issue proceedings in 2008.  In any event, the Plaintiff learnt of the upgrade in 2010. 

Proceedings were issued in 2012 although these were never actually served on the Defendant.  Further proceedings were ultimately issued and served in 2015.  Under the 1989 Order, proceedings may not generally be brought after the expiration of six years from the date on which the cause of action accrued. 

The Court held that any obligation on the Defendant to review, regrade or refund in respect of the Plaintiff’s employment terminated with his retirement in 2003. This was when the clock would have started to tick.  

Mr Justice Horner noted that: '[t]here is nothing exceptional about the present case or the facts that give rise to the dispute.'

Accordingly, the Court held the Plaintiff’s claim to be statute barred.

For more information about this article, or any other aspect of our business and personal legal solutions, call us now on 028 9032 2998.  There is no charge for initial telephone advice.