Flynn -v- Desmond [2015] IECA 34 (26 February 2015)

Flynn -v- Desmond [2015] IECA 34 (26 February 2015)

The absence of legal advice does not undermine the settlement agreement in the circumstances; the Plaintiff was aware of the risks and reaffirmed the agreement; the settlement was not unwise or unconscionable; proceedings have been compromised and concluded.

Citation
[2015] IECA 34
Parties
Plaintiff/applicant: Laurence Flynn; Defendant/respondent: Finbarr Desmond
Jurisdiction
Ireland
Judgment Date
26 February 2015
Procedural Posture
Personal Injury Appeal / Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Compromise of Proceedings, Settlement Agreements, Litigant in Person, Statute of Limitations, Unconscionable Bargain
Contract Law Personal Injury Civil Procedure Compromise of Proceedings Settlement Agreements Litigant in Person Statute of Limitations Unconscionable Bargain

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Parties

Laurence Flynn

Plaintiff/applicant

Finbarr Desmond

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether the settlement agreement was unconscionable or improvident
  2. 2 Whether absence of legal advice invalidates the settlement
  3. 3 Whether the Plaintiff was pressured or lacked comprehension of the agreement

Ratio Decidendi

The absence of legal advice does not undermine the settlement agreement in the circumstances; the Plaintiff was aware of the risks and reaffirmed the agreement; the settlement was not unwise or unconscionable; proceedings have been compromised and concluded.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court affirmed