Forshall v. Walsh [1998] IESC 67 (18 June 1998)

Forshall v. Walsh [1998] IESC 67 (18 June 1998)

The Supreme Court held that the trial judge was entitled to find Michael McSweeney and the Bank of Ireland liable for negligent misstatement and misrepresentation, as there was ample credible evidence that McSweeney made representations upon which the plaintiffs relied, causing their loss. The Bank's liability was vicarious. There was no contributory negligence, the claim was not statute-barred, and the plaintiffs suffered the loss claimed.

Citation
[1998] IESC 67
Parties
Plaintiff/respondent: Amanda Forshall; Plaintiff/respondent: Fine Arts Collections Ltd.; Defendant: Gerard J. Walsh; Defendant: Timothy G. McSweeney; Defendant: Willem Hoogenbrugghen; Defendant: Lambo Motors of Ireland Ltd.; Defendant: David Morrissey; Defendant: Willie Naessens; Defendant: Mary O'Brien Daly; Defendant: Edmond Cahill; Defendant: Daniel Collins t/a O'Brien Cahill and Company; Defendant/appellant: Michael McSweeney; Defendant/appellant: Bank of Ireland
Jurisdiction
Ireland
Judgment Date
18 June 1998
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Negligent Misstatement, Negligent Misrepresentation, Vicarious Liability, Fraud, Damages, Contributory Negligence, Statute of Limitations
Tort Law Banking Law Contract Law Negligent Misstatement Negligent Misrepresentation Vicarious Liability Fraud Damages +2 more

Case Brief

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Parties

Amanda Forshall

Plaintiff/respondent

Fine Arts Collections Ltd.

Plaintiff/respondent

Gerard J. Walsh

Defendant

Timothy G. McSweeney

Defendant

Willem Hoogenbrugghen

Defendant

Lambo Motors of Ireland Ltd.

Defendant

David Morrissey

Defendant

Willie Naessens

Defendant

Mary O'Brien Daly

Defendant

Edmond Cahill

Defendant

Daniel Collins t/a O'Brien Cahill and Company

Defendant

Michael McSweeney

Defendant/appellant

Bank of Ireland

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Michael McSweeney and Bank of Ireland were liable for negligent misstatement and misrepresentation causing loss to the plaintiffs
  2. 2 Whether the Bank's liability was vicarious for acts of its officer
  3. 3 Whether the plaintiffs were contributorily negligent

Ratio Decidendi

The Supreme Court held that the trial judge was entitled to find Michael McSweeney and the Bank of Ireland liable for negligent misstatement and misrepresentation, as there was ample credible evidence that McSweeney made representations upon which the plaintiffs relied, causing their loss. The Bank's liability was vicarious. There was no contributory negligence, the claim was not statute-barred, and the plaintiffs suffered the loss claimed.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Damages of £677,000 sterling and costs awarded to plaintiffs against Michael McSweeney and Bank of Ireland.
  • Interest on the amount recovered affirmed.