Murray -v- Budds & ors [2017] IESC 4 (02 February 2017)

Murray -v- Budds & ors [2017] IESC 4 (02 February 2017)

The claim as framed is a personal injury action for worry and stress short of psychiatric injury, subject to the statutory limitation period, and is statute barred; damages for worry and stress are not recoverable in tort or contract absent recognised psychiatric injury, and the claim does not fall within any exception to the rule in Addis.

Citation
[2017] IESC 4
Parties
Plaintiff/appellant: Martin Murray; Defendant/respondent: Conan P. Budds, Solicitor; Defendant/respondent: Anthony T. Hanahoe; Defendant/respondent: Terence Hanahoe; Defendant/respondent: Michael E. Hanahoe, trading as Michael E. Hanahoe, Solicitors
Jurisdiction
Ireland
Judgment Date
02 February 2017
Procedural Posture
Appeal / Final Judgment by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Statute of Limitations, Damages for Mental Distress, Personal Injury Classification, Breach of Contract, Solicitor Negligence
Professional Negligence Contract Law Tort Law Statute of Limitations Damages for Mental Distress Personal Injury Classification Breach of Contract Solicitor Negligence

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Parties

Martin Murray

Plaintiff/appellant

Conan P. Budds, Solicitor

Defendant/respondent

Anthony T. Hanahoe

Defendant/respondent

Terence Hanahoe

Defendant/respondent

Michael E. Hanahoe, trading as Michael E. Hanahoe, Solicitors

Defendant/respondent

Procedural Posture

Appeal / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether a claim for worry and stress short of recognised physical injury in a professional negligence action is a personal injury claim subject to limitation period
  2. 2 Whether damages for worry and stress are recoverable in contract or tort absent psychiatric injury

Ratio Decidendi

The claim as framed is a personal injury action for worry and stress short of psychiatric injury, subject to the statutory limitation period, and is statute barred; damages for worry and stress are not recoverable in tort or contract absent recognised psychiatric injury, and the claim does not fall within any exception to the rule in Addis.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Court of Appeal decision affirmed