O Dwyer & Anor v Boyd & Anor [2006] IEHC 157 (17 May 2006)

O Dwyer & Anor v Boyd & Anor [2006] IEHC 157 (17 May 2006)

The second named defendant is not liable for the defaults of the first named defendant as attorney; correspondence and communications were not defamatory; plaintiffs are not entitled to reserved costs under the settlement agreement; damages for deterioration and robbery are awarded only for proven losses; no general damages for delay as both parties contributed to delay.

Citation
[2006] IEHC 157
Parties
Plaintiff: Declan O'Dwyer; Plaintiff: Julia Jones – O'Dwyer; Defendant: Robin Boyd; Defendant: Andrew Dillon
Jurisdiction
Ireland
Judgment Date
17 May 2006
Procedural Posture
High Court Civil Action / Judgment After Trial
Outcome
Plaintiffs' claim against second named defendant dismissed; damages awarded against first named defendant; reserved costs not recoverable; parties to be heard on costs and consequential orders.
Legal Topics
Specific Performance, Damages, Costs, Arbitration, Agency Liability, Defamation, Landlord and Tenant
Property Law Contract Law Agency Law Defamation Specific Performance Damages Costs Arbitration +2 more

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Parties

Declan O'Dwyer

Plaintiff

Julia Jones – O'Dwyer

Plaintiff

Robin Boyd

Defendant

Andrew Dillon

Defendant

Procedural Posture

High Court Civil Action / Judgment After Trial

Legal Issues

  1. 1 Whether the second named defendant is liable for defaults of the first named defendant as attorney
  2. 2 Whether correspondence and communications by the second named defendant were defamatory
  3. 3 Whether the plaintiffs are entitled to damages for deterioration and robbery at the premises

Ratio Decidendi

The second named defendant is not liable for the defaults of the first named defendant as attorney; correspondence and communications were not defamatory; plaintiffs are not entitled to reserved costs under the settlement agreement; damages for deterioration and robbery are awarded only for proven losses; no general damages for delay as both parties contributed to delay.

Court Disposition

Plaintiffs' claim against second named defendant dismissed; damages awarded against first named defendant; reserved costs not recoverable; parties to be heard on costs and consequential orders.

Orders

  • Plaintiffs awarded €41,670 in damages against first named defendant.
  • Sale to be completed in accordance with compromise of 11th August 2004.