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                  In these proceedings the plaintiff claims damages for assault against the defendant, who is her older brother, in respect of sexual assaults, including rape, which are alleged to have taken place in the period September 1979 to August 1981, when the plaintiff was aged between 11�13 years. 
                  The plaintiff issued her plenary summons on 16 February 2023, followed by a statement of claim delivered on 20 March 2023. This was followed by a notice for particulars and replies thereto; after which, a full defence was filed on behalf of the defendant on 26 September 2023. A reply to defence was delivered on behalf of the plaintiff on 9 October 2023. 
                  In this application the defendant seeks an order striking out the proceedings against him on the grounds that given the passage of time since the dates of the alleged offences, he cannot now get a fair hearing at the trial of the action. 
                  The application rests on an allegation of pre�commencement delay of such magnitude that it is alleged that the defendant can no longer get a fair hearing at the trial of the action. There is no allegation of any post�commencement delay. 
                   As already noted, the plaintiff alleges that she was sexually abused and raped by the defendant, from September 1979 until August 1981, when she was aged between 11 and 13 years. 
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