Hemani v Ulster Bank (Ireland) Ltd. [2019] IECA 331 (20 December 2019)

Hemani v Ulster Bank (Ireland) Ltd. [2019] IECA 331 (20 December 2019)

Claims for damages for breach of covenant to repair and quiet enjoyment are not barred by res judicata or Henderson v. Henderson and may be pursued for the period prior to the date of re-entry (7 January 2015). Claims for mental distress, damage to reputation, and consequential losses are not maintainable in contract law and were correctly struck out.

Citation
[2019] IECA 331
Parties
Plaintiff/appellant: Michael Hemani; Defendant/respondent: Ulster Bank (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
20 December 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Covenant to Repair, Quiet Enjoyment, Res Judicata, Henderson V. Henderson Abuse of Process, Damages for Breach of Contract, Mental Distress, Statute of Limitations
Landlord and Tenant Contract Law Civil Procedure Covenant to Repair Quiet Enjoyment Res Judicata Henderson V. Henderson Abuse of Process Damages for Breach of Contract +2 more

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Parties

Michael Hemani

Plaintiff/appellant

Ulster Bank (Ireland) Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether claims for damages for breach of covenant to repair and quiet enjoyment are barred by res judicata or Henderson v. Henderson abuse of process
  2. 2 Whether claims for mental distress, damage to reputation, and consequential losses are maintainable in contract law
  3. 3 Whether the appellant can pursue claims for damages for breach of covenants prior to the date of re-entry

Ratio Decidendi

Claims for damages for breach of covenant to repair and quiet enjoyment are not barred by res judicata or Henderson v. Henderson and may be pursued for the period prior to the date of re-entry (7 January 2015). Claims for mental distress, damage to reputation, and consequential losses are not maintainable in contract law and were correctly struck out.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appellant may pursue claims for damages for breach of express or implied covenants (repair and quiet enjoyment) for period prior to 7 January 2015.
  • Appellant to deliver amended statement of claim confined to permitted grounds within 28 days.