Bernard Gilroy and Vincent Byrne allege they were defamed in a video posted to the video-sharing platform by Fiona O’Leary on 23 June 2018.

They launched proceedings against Ms O’Leary within the statutory time limit, but then filed an application to join Google as a defendant on 12 December 2022.

Google successfully argued before the High Court that the plaintiffs’ cause of action accrued on the date that the video was first published on YouTube and therefore any action against Google should have been taken by 22 June 2020 at the latest.

The key issue in the appeal was whether Google could be argued not to have become liable as publisher of the video until it failed to remove the video within a reasonable time following receipt of a letter from the two men in 2022.

“It is arguable that the cause of action did not accrue until sometime after Google’s receipt of the appellants’ letter of 18th October 2022,” Mr Justice McDonald said in a ruling handed down on Monday.

He emphasised that the court should generally permit the joinder of a defendant unless it is manifestly clear that the claim is statute-barred.

The judge said: “As the authorities make clear, once there is a basis to argue that the claim against the proposed defendant is not statute barred, the court should generally permit the joinder of the defendant and leave any argument on the limitation issue to be resolved either at the trial or, if appropriate, by way of a preliminary issue.”

The case will now proceed with Google as a defendant.