Richardson & anor -v- Madden and Richardson & anor -v- O'Donovan & ors [2010] IESC 13 (09 March 2010)

Richardson & anor -v- Madden and Richardson & anor -v- O'Donovan & ors [2010] IESC 13 (09 March 2010)

The Supreme Court affirmed the High Court's findings that Mr Madden had contractually agreed to indemnify the Richardsons for all costs associated with the judicial review proceedings and that the solicitors were negligent and in breach of duty and contract for failing to advise and protect the Richardsons from exposure to costs. Both Mr Madden and the solicitors were held to be concurrent wrongdoers, jointly and severally liable for the same loss suffered by the Richardsons.

Citation
[2010] IESC 13
Parties
Plaintiff/respondent: Michael Richardson; Plaintiff/respondent: Wendi Ferris Richardson; Defendant/appellant: Gerard Madden; Defendants/appellants: Dermot O’Donovan, Michael Sherry, Michael Hogan, Adrian Frawley and Thomas Dalton practising under the style and title of Dermot G. O’Donovan and Partners Solicitors
Jurisdiction
Ireland
Judgment Date
09 March 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeals dismissed; High Court orders affirmed.
Legal Topics
Indemnity, Solicitor's Duty of Care, Breach of Contract, Negligence, Costs Liability, Concurrent Wrongdoers
Contract Law Tort Law Professional Negligence Indemnity Solicitor's Duty of Care Breach of Contract Negligence Costs Liability +1 more

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Parties

Michael Richardson

Plaintiff/respondent

Wendi Ferris Richardson

Plaintiff/respondent

Gerard Madden

Defendant/appellant

Dermot O’Donovan, Michael Sherry, Michael Hogan, Adrian Frawley and Thomas Dalton practising under the style and title of Dermot G. O’Donovan and Partners Solicitors

Defendants/appellants

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Mr Madden was contractually bound to indemnify the Richardsons for all costs associated with the judicial review proceedings.
  2. 2 Whether the solicitors were negligent, in breach of duty, and/or in breach of contract in their representation of the Richardsons.
  3. 3 Whether the Richardsons suffered loss as a result of the defendants' actions and whether the defendants were concurrent wrongdoers.

Ratio Decidendi

The Supreme Court affirmed the High Court's findings that Mr Madden had contractually agreed to indemnify the Richardsons for all costs associated with the judicial review proceedings and that the solicitors were negligent and in breach of duty and contract for failing to advise and protect the Richardsons from exposure to costs. Both Mr Madden and the solicitors were held to be concurrent wrongdoers, jointly and severally liable for the same loss suffered by the Richardsons.

Court Disposition

Appeals dismissed; High Court orders affirmed.

Orders

  • Judgment for the Richardsons against Mr Madden and the solicitors jointly and severally for indemnity in respect of all costs due to the IRTC and the Minister for Transport, Energy and Communications, additional costs from bankruptcy proceedings, and costs incurred in defending bankruptcy proceedings.
  • General damages of €59,500 to each of Mr Richardson and Ms Richardson against Mr Madden and the solicitors jointly and severally.