Brownrigg -v- Leacy t/a Phoenix Estates & anor [2013] IEHC 434 (20 September 2013)

Brownrigg -v- Leacy t/a Phoenix Estates & anor [2013] IEHC 434 (20 September 2013)

The first defendant's letter was a professional valuation, was negligently prepared, and fell far outside the permissible margin of error. The plaintiff reasonably relied on both defendants' valuations in entering into the transaction. However, the plaintiff was contributorily negligent in proceeding to purchase before selling his own lands, and is held fifty percent responsible for his loss. The defendants are jointly and severally liable for the remaining fifty percent, apportioned equally between them.

Citation
[2013] IEHC 434
Parties
Plaintiff: Frank Brownrigg; First Defendant: Aidan Leacy t/a Phoenix Estates; Second Defendant: Ben Kavanagh Auctioneers Limited
Jurisdiction
Ireland
Judgment Date
20 September 2013
Procedural Posture
Civil Negligence (professional Valuation) / High Court Judgment
Outcome
Plaintiff succeeds in part; damages awarded with apportionment for contributory negligence.
Legal Topics
Valuation Negligence, Duty of Care, Contributory Negligence, Measure of Damages
Tort Law Professional Negligence Contract Law Valuation Negligence Duty of Care Contributory Negligence Measure of Damages

Case Brief

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Parties

Frank Brownrigg

Plaintiff

Aidan Leacy t/a Phoenix Estates

First Defendant

Ben Kavanagh Auctioneers Limited

Second Defendant

Procedural Posture

Civil Negligence (professional Valuation) / High Court Judgment

Legal Issues

  1. 1 Whether the defendant's letter constituted a professional valuation
  2. 2 Whether the valuation was prepared negligently
  3. 3 Whether the plaintiff relied on the valuation(s) in entering into the transaction

Ratio Decidendi

The first defendant's letter was a professional valuation, was negligently prepared, and fell far outside the permissible margin of error. The plaintiff reasonably relied on both defendants' valuations in entering into the transaction. However, the plaintiff was contributorily negligent in proceeding to purchase before selling his own lands, and is held fifty percent responsible for his loss. The defendants are jointly and severally liable for the remaining fifty percent, apportioned equally between them.

Court Disposition

Plaintiff succeeds in part; damages awarded with apportionment for contributory negligence.

Orders

  • Order for damages in favour of the plaintiff against both defendants jointly and severally for fifty percent of the total loss (deposit plus interest), with liability between defendants apportioned at twenty-five percent each.