Smith v Cunningham & Ors (Approved) [2021] IECA 268 (20 October 2021)

Smith v Cunningham & Ors (Approved) [2021] IECA 268 (20 October 2021)

The plaintiff suffered actionable damage at the time of purchase in July 2006 when he acquired property with defective title, which was less valuable than contracted for. The cause of action in negligence accrued at that point, making any claim statute-barred under section 11(2)(a) of the Statute of Limitations 1957.

Citation
[2021] IECA 268
Parties
Plaintiff/respondent: Mark Smith; Defendant/appellant: Mark Cunningham; Defendant/appellant: Kevin Sorohan; Defendant/appellant: Anne-Marie Sorohan; Defendant/appellant: Paul Kelly practicing under the style and title of Paul Kelly & Company Solicitors
Jurisdiction
Ireland
Judgment Date
20 October 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim against solicitors is statute-barred.
Legal Topics
Statute of Limitations, Accrual of Cause of Action, Negligence, Marketable Title, Planning Permission, Economic Loss
Tort Law Contract Law Property Law Professional Negligence Statute of Limitations Accrual of Cause of Action Negligence Marketable Title +2 more

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Parties

Mark Smith

Plaintiff/respondent

Mark Cunningham

Defendant/appellant

Kevin Sorohan

Defendant/appellant

Anne-Marie Sorohan

Defendant/appellant

Paul Kelly practicing under the style and title of Paul Kelly & Company Solicitors

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 When does a cause of action in negligence for financial loss accrue for limitation purposes?
  2. 2 Does the failure to obtain good marketable title constitute actionable damage at the time of purchase or only upon subsequent loss?
  3. 3 Is the claim against the solicitors statute-barred under section 11(2)(a) of the Statute of Limitations 1957?

Ratio Decidendi

The plaintiff suffered actionable damage at the time of purchase in July 2006 when he acquired property with defective title, which was less valuable than contracted for. The cause of action in negligence accrued at that point, making any claim statute-barred under section 11(2)(a) of the Statute of Limitations 1957.

Court Disposition

Appeal allowed; claim against solicitors is statute-barred.

Orders

  • Plaintiff's claim in negligence against the solicitors is statute-barred and dismissed.