Mitchell & Anor -v- Mulvey Developments & Ors [2014] IEHC 37 (06 February 2014)

Mitchell & Anor -v- Mulvey Developments & Ors [2014] IEHC 37 (06 February 2014)

The defendants are liable in both tort and contract for systemic and pervasive breaches of building regulations and defective construction, resulting in substantial damages for repair costs, distress, inconvenience, and related losses to the plaintiffs.

Citation
[2014] IEHC 37
Parties
Plaintiff: Michael Mitchell; Plaintiff: Margot Mitchell; Plaintiff: Mary Brett; Plaintiff: Ciarán Adams; Plaintiff: Niamh Deasy; Defendant: Mulvey Developments Limited; Defendant: Stephen Garvey practising under the style and title of Adept Consulting Engineers; Defendant: Thomas Mulvey; Defendant: Robert Mulvey; Defendant: Design Development Limited; Defendant: National House Building Guarantee Company Limited (Homebond)
Jurisdiction
Ireland
Judgment Date
06 February 2014
Procedural Posture
High Court Civil Proceedings (joined Cases for Damages) / Assessment of Damages Following Default Judgment
Outcome
Judgment for the plaintiffs; damages awarded against the defendants.
Legal Topics
Negligence, Breach of Contract, Building Regulations, Damages, Professional Liability
Tort Contract Construction Law Negligence Breach of Contract Building Regulations Damages Professional Liability

Case Brief

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Parties

Michael Mitchell

Plaintiff

Margot Mitchell

Plaintiff

Mary Brett

Plaintiff

Ciarán Adams

Plaintiff

Niamh Deasy

Plaintiff

Mulvey Developments Limited

Defendant

Stephen Garvey practising under the style and title of Adept Consulting Engineers

Defendant

Thomas Mulvey

Defendant

Robert Mulvey

Defendant

Design Development Limited

Defendant

National House Building Guarantee Company Limited (Homebond)

Defendant

Procedural Posture

High Court Civil Proceedings (joined Cases for Damages) / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Whether the defendants are liable in tort and contract for defective construction and breach of building regulations
  2. 2 Assessment of damages for distress, inconvenience, and cost of repairs

Ratio Decidendi

The defendants are liable in both tort and contract for systemic and pervasive breaches of building regulations and defective construction, resulting in substantial damages for repair costs, distress, inconvenience, and related losses to the plaintiffs.

Court Disposition

Judgment for the plaintiffs; damages awarded against the defendants.

Orders

  • Mitchells awarded €424,090
  • Mary Brett awarded €250,175