Murnaghan v. Markland Holdings Ltd. & Anor [2004] IEHC 432 (1 December 2004)

Murnaghan v. Markland Holdings Ltd. & Anor [2004] IEHC 432 (1 December 2004)

The defendants are liable for the damage to the plaintiff's property caused by their construction works, including cracking and water ingress, as the evidence established causation and breach of duty. However, as the plaintiff no longer owns the property, damages are to be assessed by the diminution in value rather than reinstatement cost. The appropriate measure is the difference between the value of the property undamaged and its value as damaged.

Citation
[2004] IEHC 432
Parties
Plaintiff: Denis Murnaghan; First Defendant: Markland Holdings Limited; Second Defendant: Cantier Construction Limited
Jurisdiction
Ireland
Judgment Date
01 December 2004
Procedural Posture
Plenary Proceedings / Judgment After Trial on Liability and Quantum
Outcome
Judgment for the plaintiff against both defendants for damages to be assessed on the basis of diminution in value; aggravated damages not awarded.
Legal Topics
Negligence, Nuisance, Trespass, Damages, Building/construction Disputes
Tort Law Contract Law Property Law Negligence Nuisance Trespass Damages Building/construction Disputes

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Parties

Denis Murnaghan

Plaintiff

Markland Holdings Limited

First Defendant

Cantier Construction Limited

Second Defendant

Procedural Posture

Plenary Proceedings / Judgment After Trial on Liability and Quantum

Legal Issues

  1. 1 Whether the defendants are liable for damage to the plaintiff's property arising from construction works on adjoining land
  2. 2 Whether the plaintiff is entitled to damages for breach of agreement, negligence, trespass, and nuisance
  3. 3 What is the appropriate measure of damages in the circumstances

Ratio Decidendi

The defendants are liable for the damage to the plaintiff's property caused by their construction works, including cracking and water ingress, as the evidence established causation and breach of duty. However, as the plaintiff no longer owns the property, damages are to be assessed by the diminution in value rather than reinstatement cost. The appropriate measure is the difference between the value of the property undamaged and its value as damaged.

Court Disposition

Judgment for the plaintiff against both defendants for damages to be assessed on the basis of diminution in value; aggravated damages not awarded.

Orders

  • Damages to be assessed by reference to diminution in value of the property as a result of the defendants' wrongdoing.
  • No aggravated damages awarded.