Cavey -v- Cavey & ors [2014] IESC 16 (04 March 2014)

Cavey -v- Cavey & ors [2014] IESC 16 (04 March 2014)

A claim in promissory estoppel against an estate, arising from an alleged promise to bequeath property, is a cause of action that survives against the estate and is subject to the two-year limitation period under s. 9(2) of the Civil Liability Act 1961. As the proceedings were commenced more than two years after the death of the deceased, the claim is statute barred and must be dismissed.

Citation
[2014] IESC 16
Parties
Plaintiff/appellant: Francis Declan Cavey; Defendant/respondent: Aidan Cavey; Defendant/respondent: Jane O'Donoghue; Defendant/respondent: Pamela O'Rourke
Jurisdiction
Ireland
Judgment Date
04 March 2014
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Statute of Limitations, Promissory Estoppel, Abuse of Process, Survival of Actions, Probate
Succession Law Civil Procedure Statute of Limitations Promissory Estoppel Abuse of Process Survival of Actions Probate

Case Brief

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Parties

Francis Declan Cavey

Plaintiff/appellant

Aidan Cavey

Defendant/respondent

Jane O'Donoghue

Defendant/respondent

Pamela O'Rourke

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether a claim in promissory estoppel against an estate is statute barred under s. 9 of the Civil Liability Act 1961
  2. 2 Whether the proceedings were commenced within the statutory limitation period
  3. 3 Whether the proceedings amount to an abuse of process

Ratio Decidendi

A claim in promissory estoppel against an estate, arising from an alleged promise to bequeath property, is a cause of action that survives against the estate and is subject to the two-year limitation period under s. 9(2) of the Civil Liability Act 1961. As the proceedings were commenced more than two years after the death of the deceased, the claim is statute barred and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Proceedings dismissed as statute barred under s. 9 of the Civil Liability Act 1961