cearta.ie

the Irish for rights

Temporal Limitations?

NPR logo, via their website.The aim of the Statute of Limitations, 1957 (also here) is to achieve a degree of certainty and finality in litigation by ensuring that unlitigated cases get barred from coming to court by the passage of too much time. Periods range from 3 and 6 years to 12 and 20 years. But no claim is allowed persist indefinitely. However, via National Public Radio‘s wonderful All Things Considered program, I’ve just heard and read about a case concerning a (restitution!) claim that may be more than 700 years old:

A group of people claiming to be the heirs of the legendary Knights Templar are suing Pope Benedict XVI, seeking more than $150 billion for assets seized by the Catholic Church seven centuries ago.

Isn’t barring cases like that what Statutes of Limitations are for? The claim has been taken in Spain, but it too has limitation (called prescription – prescripción – in good Civilian style) provisions; and I am sure that they will apply to bar the claim. It sheer audacity is breath-taking, but it would take a miracle for it to succeed.

3 Responses to “Temporal Limitations?”

  1. Steve says:

    Surely it would fit within the “concealed fraud” exception?

  2. Eoin says:

    What about “discoverability”?

  3. […] nurses, servicemen, and civil servants to recover the overpayments, those claims which are not out of time would almost certainly be successfully met by the defence of change of […]

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Welcome

Me in a hatHi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.

"Cearta" really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.

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Eoin.

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