Murphy v Callanan & others [2013] IESC 30 (19 June 2013)

Murphy v Callanan & others [2013] IESC 30 (19 June 2013)

The High Court erred by failing to take the appellant's case at its highest, disregarding unchallenged expert evidence of vulnerability and failing to apply the correct legal test for a non-suit. There was prima facie evidence from which negligence could be inferred, requiring the case against Beauchamps to proceed. The order of non-suit was set aside and the matter remitted for retrial.

Citation
[2013] IESC 30
Parties
Plaintiff/appellant: Elizabeth Murphy; First Defendants/respondents: Claire Callanan, Daniel Cashman, Dermot Casserly, Niall G. Coleman, W. John Cunningham, Marie Cunningham, Gabriel Daly, Maureen Daly, Gerry Gallen, Aisling Gannon, Ainsley Heffernan, Bruno Herbots, Mark J. Heslin, Aidan Marsh, Niall O’Brien, Kate O’Connor, Maitiu O’Donnell, Shaun O’Shea, Mark Perry-Knox-Gore, Imelda Reynolds, Gary Rice, Phillip H. Smith and John Wright practising under the style and title of “Beauchamps” Solicitors and Joseph Bowe; Second Defendant: Anthony Murphy; Third Defendant: Anthony (otherwise Tony) Murphy
Jurisdiction
Ireland
Judgment Date
19 June 2013
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Non Suit Order
Outcome
Appeal allowed; High Court order set aside; matter remitted for retrial
Legal Topics
Non Suit Applications, Solicitor's Duty of Care, Vulnerable Client, Concurrent Wrongdoers, Civil Liability Act 1961
Tort Law Professional Negligence Civil Procedure Non Suit Applications Solicitor's Duty of Care Vulnerable Client Concurrent Wrongdoers Civil Liability Act 1961

Case Brief

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Parties

Elizabeth Murphy

Plaintiff/appellant

Claire Callanan, Daniel Cashman, Dermot Casserly, Niall G. Coleman, W. John Cunningham, Marie Cunningham, Gabriel Daly, Maureen Daly, Gerry Gallen, Aisling Gannon, Ainsley Heffernan, Bruno Herbots, Mark J. Heslin, Aidan Marsh, Niall O’Brien, Kate O’Connor, Maitiu O’Donnell, Shaun O’Shea, Mark Perry-Knox-Gore, Imelda Reynolds, Gary Rice, Phillip H. Smith and John Wright practising under the style and title of “Beauchamps” Solicitors and Joseph Bowe

First Defendants/respondents

Anthony Murphy

Second Defendant

Anthony (otherwise Tony) Murphy

Third Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Non Suit Order

Legal Issues

  1. 1 Whether the High Court applied the correct legal test in granting a non-suit against Beauchamps Solicitors
  2. 2 Whether there was prima facie evidence of professional negligence by Beauchamps
  3. 3 Whether the appellant was a vulnerable client at the relevant time

Ratio Decidendi

The High Court erred by failing to take the appellant's case at its highest, disregarding unchallenged expert evidence of vulnerability and failing to apply the correct legal test for a non-suit. There was prima facie evidence from which negligence could be inferred, requiring the case against Beauchamps to proceed. The order of non-suit was set aside and the matter remitted for retrial.

Court Disposition

Appeal allowed; High Court order set aside; matter remitted for retrial

Orders

  • Order of the High Court dismissing the claim against Beauchamps set aside
  • Case remitted to the High Court for retrial