McPhilips v Gleeson & ors (Approved) [2020] IEHC 612 (26 November 2020)

McPhilips v Gleeson & ors (Approved) [2020] IEHC 612 (26 November 2020)

The court held that the issue of fraudulent concealment and discoverability of the cause of action depends on the plaintiff's state of knowledge and the nature of the solicitor-client relationship, which requires oral evidence. As such, the matter cannot be determined as a preliminary issue or by modular trial, and a unitary trial is necessary.

Citation
[2020] IEHC 612
Parties
Plaintiff: Michael McPhilips; Defendants: Eric D. Gleeson, John P. Kean and Eric Gleeson practising under the style and title of Gleeson & Kean Solicitors
Jurisdiction
Ireland
Judgment Date
26 November 2020
Procedural Posture
Civil / Interlocutory Application for Preliminary Issue/modular Trial
Outcome
Defendants' application refused
Legal Topics
Statute of Limitations, Fraudulent Concealment, Solicitor's Duty, Preliminary Issue, Modular Trial
Civil Procedure Professional Negligence Limitation of Actions Statute of Limitations Fraudulent Concealment Solicitor's Duty Preliminary Issue Modular Trial

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Parties

Michael McPhilips

Plaintiff

Eric D. Gleeson, John P. Kean and Eric Gleeson practising under the style and title of Gleeson & Kean Solicitors

Defendants

Procedural Posture

Civil / Interlocutory Application for Preliminary Issue/modular Trial

Legal Issues

  1. 1 Whether the plaintiff's action is statute barred under the Statute of Limitations 1957
  2. 2 Whether the facts alleged by the plaintiff amount to fraudulent concealment under s.71 of the 1957 Act
  3. 3 Whether the trial of a preliminary issue or modular trial is appropriate

Ratio Decidendi

The court held that the issue of fraudulent concealment and discoverability of the cause of action depends on the plaintiff's state of knowledge and the nature of the solicitor-client relationship, which requires oral evidence. As such, the matter cannot be determined as a preliminary issue or by modular trial, and a unitary trial is necessary.

Court Disposition

Defendants' application refused

Orders

  • Application for trial of preliminary issue refused
  • Application for modular trial refused