Tolan v Brady Trading Under The Style and Title of Dillon-Leetch & Comerford Solicitors & Anor (Approved) [2023] IEHC 130 (16 March 2023)

Tolan v Brady Trading Under The Style and Title of Dillon-Leetch & Comerford Solicitors & Anor (Approved) [2023] IEHC 130 (16 March 2023)

The plaintiff is permitted to amend his plenary summons and statement of claim to include particulars of negligence relating to failure to amend pleadings as advised by counsel, but the amendments will take effect only from the date of delivery of the amended pleadings, thereby preserving any statute of limitations defence for the defendants. The amendment does not constitute a new cause of action but new particulars of the existing claim of negligence in the handling of the plaintiff's litigation.

Citation
[2023] IEHC 130
Parties
Plaintiff: Finbar Tolan; Defendants: John Brady and John Dillon-Leetch, both trading under the style and title of Dillon-Leetch & Comerford Solicitors
Jurisdiction
Ireland
Judgment Date
16 March 2023
Procedural Posture
Application to Amend Pleadings in Professional Negligence Action / Interlocutory Application Before the High Court
Outcome
Application granted in part
Legal Topics
Amendment of Pleadings, Statute of Limitations, Solicitor's Duty of Care, Professional Negligence, Procedural Fairness
Civil Procedure Professional Negligence Amendment of Pleadings Statute of Limitations Solicitor's Duty of Care Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Finbar Tolan

Plaintiff

John Brady and John Dillon-Leetch, both trading under the style and title of Dillon-Leetch & Comerford Solicitors

Defendants

Procedural Posture

Application to Amend Pleadings in Professional Negligence Action / Interlocutory Application Before the High Court

Legal Issues

  1. 1 Whether the plaintiff should be permitted to amend his plenary summons and statement of claim to include additional particulars of negligence against his former solicitors for failure to amend pleadings as advised by counsel
  2. 2 Whether such amendment would unfairly prejudice the defendants by depriving them of a statute of limitations defence
  3. 3 Whether the proposed amendment constitutes a new cause of action or merely new particulars of an existing claim

Ratio Decidendi

The plaintiff is permitted to amend his plenary summons and statement of claim to include particulars of negligence relating to failure to amend pleadings as advised by counsel, but the amendments will take effect only from the date of delivery of the amended pleadings, thereby preserving any statute of limitations defence for the defendants. The amendment does not constitute a new cause of action but new particulars of the existing claim of negligence in the handling of the plaintiff's litigation.

Court Disposition

Application granted in part

Orders

  • Plaintiff permitted to amend plenary summons and statement of claim as set out in the proposed amendments exhibited at FT3 to affidavit sworn 10 May 2022.
  • Amendments to take effect only from the date of delivery of the amended pleadings to the defendants, preserving any statute of limitations defence.