Walter & Anor -v- Crossan & Ors [2014] IEHC 377 (24 July 2014)

Walter & Anor -v- Crossan & Ors [2014] IEHC 377 (24 July 2014)

Damages for mental distress, upset and inconvenience falling short of nervous shock or psychiatric injury are not recoverable in an action for negligence absent a contractual relationship; therefore, the claim against the Hayes McGrath defendants must be struck out.

Citation
[2014] IEHC 377
Parties
Plaintiff: Christopher Walter; Plaintiff: Susanna Rodriguez; Defendant: Peter Crossan; Defendant: Crossan Homes Limited; Defendant: David Fenton; Defendant: Jan Hayes; Defendant: Terence B. McGrath; Defendant: Gráinne O’Hanlon; Defendant: Hayes McGrath Solicitors
Jurisdiction
Ireland
Judgment Date
24 July 2014
Procedural Posture
Negligence Action / Application to Strike Out Proceedings Against Certain Defendants
Outcome
Claim against Hayes McGrath defendants struck out
Legal Topics
Negligence, Damages for Distress, Personal Injury, Duty of Care, Breach of Contract, Planning Law
Tort Law Contract Law Negligence Damages for Distress Personal Injury Duty of Care Breach of Contract Planning Law

Case Brief

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Parties

Christopher Walter

Plaintiff

Susanna Rodriguez

Plaintiff

Peter Crossan

Defendant

Crossan Homes Limited

Defendant

David Fenton

Defendant

Jan Hayes

Defendant

Terence B. McGrath

Defendant

Gráinne O’Hanlon

Defendant

Hayes McGrath Solicitors

Defendant

Procedural Posture

Negligence Action / Application to Strike Out Proceedings Against Certain Defendants

Legal Issues

  1. 1 Whether damages for mental distress, upset and inconvenience (falling short of nervous shock or psychiatric injury) are recoverable in negligence absent a contractual relationship
  2. 2 Whether the proceedings should be struck out for lack of Personal Injuries Assessment Board authorisation

Ratio Decidendi

Damages for mental distress, upset and inconvenience falling short of nervous shock or psychiatric injury are not recoverable in an action for negligence absent a contractual relationship; therefore, the claim against the Hayes McGrath defendants must be struck out.

Court Disposition

Claim against Hayes McGrath defendants struck out

Orders

  • Proceedings against the Hayes McGrath defendants are struck out pursuant to the inherent jurisdiction of the Court.