Walsh -v- Dillon & ors [2018] IEHC 180 (02 March 2018)

Walsh -v- Dillon & ors [2018] IEHC 180 (02 March 2018)

The plaintiff’s claim is bound to fail because the express covenant in the lease limits the landlord’s liability for disturbance to acts by the landlord or persons claiming under the landlord, and there is no pleaded or factual basis to connect River Dublin to the defendants. The implied covenant under s.41 of Deasy’s Act is displaced by the express covenant. No amendment to the pleadings could save the claim, and the peripheral claims are unsupported by any pleaded facts.

Citation
[2018] IEHC 180
Parties
Plaintiff: Edward Walsh; Defendant: Patrick Dillon; Defendant: Paul McCann; Defendant: Corn Circle Ltd
Jurisdiction
Ireland
Judgment Date
02 March 2018
Procedural Posture
Motion to Dismiss / Interlocutory Application
Outcome
Dismissed
Legal Topics
Quiet Enjoyment, Implied and Express Covenants, Striking Out Proceedings, Vicarious Liability, Leasehold Rights
Landlord and Tenant Law Contract Law Civil Procedure Quiet Enjoyment Implied and Express Covenants Striking Out Proceedings Vicarious Liability Leasehold Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Walsh

Plaintiff

Patrick Dillon

Defendant

Paul McCann

Defendant

Corn Circle Ltd

Defendant

Procedural Posture

Motion to Dismiss / Interlocutory Application

Legal Issues

  1. 1 Whether the defendants are liable for breach of quiet enjoyment due to actions of a third party (River Dublin)
  2. 2 Whether an implied covenant of quiet enjoyment applies where an express covenant exists
  3. 3 Whether the proceedings disclose a reasonable cause of action against the defendants

Ratio Decidendi

The plaintiff’s claim is bound to fail because the express covenant in the lease limits the landlord’s liability for disturbance to acts by the landlord or persons claiming under the landlord, and there is no pleaded or factual basis to connect River Dublin to the defendants. The implied covenant under s.41 of Deasy’s Act is displaced by the express covenant. No amendment to the pleadings could save the claim, and the peripheral claims are unsupported by any pleaded facts.

Court Disposition

Dismissed

Orders

  • Proceedings struck out as against the defendants