Prendergast -v- Mc Laughlin [2009] IEHC 250 (20 May 2009)

Prendergast -v- Mc Laughlin [2009] IEHC 250 (20 May 2009)

The plaintiff’s cause of action, whether in contract, quasi-contract, or equity, subsisted at the time of the deceased’s death because the breach (failure to execute a will bequeathing the lands) could only have occurred during the deceased’s lifetime. Therefore, the claim is subject to the two-year limitation period under section 9(2)(b) of the Civil Liability Act 1961. As proceedings were not commenced within two years of death, the claim is statute barred.

Citation
[2009] IEHC 250
Parties
Plaintiff: Michael Prendergast; Defendant: Neil McLaughlin
Jurisdiction
Ireland
Judgment Date
20 May 2009
Procedural Posture
Civil Probate/estates / Preliminary Issue on Statute of Limitations
Outcome
Plaintiff's claim is statute barred and cannot proceed.
Legal Topics
Statute of Limitations, Constructive Trust, Promissory Estoppel, Survival of Actions, Limitation Periods, Breach of Promise to Bequeath
Equity Probate Contract Law Statute of Limitations Constructive Trust Promissory Estoppel Survival of Actions Limitation Periods +1 more

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Michael Prendergast

Plaintiff

Neil McLaughlin

Defendant

Procedural Posture

Civil Probate/estates / Preliminary Issue on Statute of Limitations

Legal Issues

  1. 1 Whether the plaintiff’s claim against the estate is statute barred under section 9 of the Civil Liability Act 1961 and the Statute of Limitations Act 1957 as amended
  2. 2 Whether the cause of action subsisted at the time of death or arose only upon death in the context of a promise to bequeath property

Ratio Decidendi

The plaintiff’s cause of action, whether in contract, quasi-contract, or equity, subsisted at the time of the deceased’s death because the breach (failure to execute a will bequeathing the lands) could only have occurred during the deceased’s lifetime. Therefore, the claim is subject to the two-year limitation period under section 9(2)(b) of the Civil Liability Act 1961. As proceedings were not commenced within two years of death, the claim is statute barred.

Court Disposition

Plaintiff's claim is statute barred and cannot proceed.

Orders

  • Plaintiff’s claim dismissed as statute barred under section 9(2)(b) of the Civil Liability Act 1961.