Brandley & anor -v- Deane & anor [2017] IESC 83 (15 November 2017)

Brandley & anor -v- Deane & anor [2017] IESC 83 (15 November 2017)

The Supreme Court held that in property damage claims founded in negligence, the cause of action accrues when actual damage occurs and is manifest, not when a latent defect exists or is discovered. The limitation period does not run from the date of the wrongful act or from the date of discoverability, but from the date when actionable damage (physical damage) manifests. The Court dismissed the appeal, affirming that the claim was not statute-barred as the cracks (manifest damage) appeared within six years of the proceedings being issued.

Citation
[2017] IESC 83
Parties
Plaintiff/respondent: Liam Brandley; Plaintiff/respondent: WJB Developments Limited; Defendant/appellant: Hubert Deane trading as Hubert Deane & Associates; Defendant/appellant: John Lohan trading as John Lohan Groundworks Contractor
Jurisdiction
Ireland
Judgment Date
15 November 2017
Procedural Posture
Appeal (supreme Court) / Final Judgment on Limitation Period in Tort for Property Damage
Outcome
Appeal dismissed
Legal Topics
Statute of Limitations, Negligence, Property Damage, Accrual of Cause of Action
Tort Law Civil Procedure Statute of Limitations Negligence Property Damage Accrual of Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Liam Brandley

Plaintiff/respondent

WJB Developments Limited

Plaintiff/respondent

Hubert Deane trading as Hubert Deane & Associates

Defendant/appellant

John Lohan trading as John Lohan Groundworks Contractor

Defendant/appellant

Procedural Posture

Appeal (supreme Court) / Final Judgment on Limitation Period in Tort for Property Damage

Legal Issues

  1. 1 When does the cause of action accrue for the purposes of the Statute of Limitations in property damage claims founded in negligence?
  2. 2 Does a latent defect in property constitute actionable damage, or must actual physical damage manifest before time runs?

Ratio Decidendi

The Supreme Court held that in property damage claims founded in negligence, the cause of action accrues when actual damage occurs and is manifest, not when a latent defect exists or is discovered. The limitation period does not run from the date of the wrongful act or from the date of discoverability, but from the date when actionable damage (physical damage) manifests. The Court dismissed the appeal, affirming that the claim was not statute-barred as the cracks (manifest damage) appeared within six years of the proceedings being issued.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.