McDonagh & Ors v Ulster Bank Ireland DAC & Ors (Approved) [2023] IEHC 242 (12 May 2023)

McDonagh & Ors v Ulster Bank Ireland DAC & Ors (Approved) [2023] IEHC 242 (12 May 2023)

The plaintiffs' cause of action in negligence accrued when they suffered actionable loss, which, on the pleadings and evidence, occurred no later than the date of the Compromise Agreement (March 2013) or the appointment of receivers (October 2014). The claim is statute barred as proceedings were commenced more than...

Source-derived case information.

Citation
[2023] IEHC 242
Parties
Plaintiff: Brian McDonagh; Plaintiff: Kenneth McDonagh; Plaintiff: Maurice McDonagh; Defendant: CBRE
Jurisdiction
Ireland
Judgment Date
12 May 2023
Procedural Posture
Plenary Summons / Application to Dismiss for Statute Barred Claim
Outcome
claim dismissed as statute barred
Legal Topics
Negligent Valuation, Statute of Limitations, Fraudulent Concealment, Breach of Duty, Misrepresentation, Mortgage Enforcement, Receiver Appointment
Contract Law Tort Law Property Law Banking Law Negligent Valuation Statute of Limitations Fraudulent Concealment Breach of Duty +3 more

Source-derived case record

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Brian McDonagh

Plaintiff

Kenneth McDonagh

Plaintiff

Maurice McDonagh

Plaintiff

CBRE

Defendant

Procedural Posture

Plenary Summons / Application to Dismiss for Statute Barred Claim

Legal Issues

  1. 1 When did the plaintiffs' cause of action in negligence accrue for limitation purposes?
  2. 2 Was there fraudulent concealment by CBRE delaying the limitation period?
  3. 3 Did CBRE owe a duty of care to the plaintiffs?

Ratio Decidendi

The plaintiffs' cause of action in negligence accrued when they suffered actionable loss, which, on the pleadings and evidence, occurred no later than the date of the Compromise Agreement (March 2013) or the appointment of receivers (October 2014). The claim is statute barred as proceedings were commenced more than six years after accrual. No fraudulent concealment by CBRE was established to delay the limitation period under s.71(1)(b).

Court Disposition

claim dismissed as statute barred

Orders

  • Plaintiffs' claim against CBRE dismissed
  • No order as to costs specified