Richardson & Anor v. Madden [2005] IEHC 162 (27 May 2005)

Richardson & Anor v. Madden [2005] IEHC 162 (27 May 2005)

Gerard Madden expressly agreed to indemnify the plaintiffs for all costs of and incidental to the judicial review proceedings, and failed to discharge his obligations. Dermot G. O'Donovan and Partners were negligent and breached their duty by failing to advise the plaintiffs of risks and costs liability, failing to keep them informed, and failing to protect them from exposure to costs. Both defendants are concurrent wrongdoers and liable for damages jointly and severally.

Citation
[2005] IEHC 162
Parties
Plaintiff: Michael Richardson; Plaintiff: Wendi Ferris Richardson; Defendant: Gerard Madden; Defendant: Dermot O'Donovan, Michael Sherry, Michael Hogan, Aidan Frawley, Thomas Dalton practicing as Dermot G. O'Donovan and Partners Solicitors
Jurisdiction
Ireland
Judgment Date
27 May 2005
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiffs
Legal Topics
Indemnity, Solicitor's Duty, Breach of Contract, Negligence, Costs Liability
Contract Professional Negligence Indemnity Solicitor's Duty Breach of Contract Negligence Costs Liability

Case Brief

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Parties

Michael Richardson

Plaintiff

Wendi Ferris Richardson

Plaintiff

Gerard Madden

Defendant

Dermot O'Donovan, Michael Sherry, Michael Hogan, Aidan Frawley, Thomas Dalton practicing as Dermot G. O'Donovan and Partners Solicitors

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Did Gerard Madden agree to indemnify the plaintiffs for all costs of the judicial review proceedings?
  2. 2 Did Dermot G. O'Donovan and Partners breach their duty of care as solicitors to the plaintiffs by failing to advise them of risks and costs liability?

Ratio Decidendi

Gerard Madden expressly agreed to indemnify the plaintiffs for all costs of and incidental to the judicial review proceedings, and failed to discharge his obligations. Dermot G. O'Donovan and Partners were negligent and breached their duty by failing to advise the plaintiffs of risks and costs liability, failing to keep them informed, and failing to protect them from exposure to costs. Both defendants are concurrent wrongdoers and liable for damages jointly and severally.

Court Disposition

judgment for plaintiffs

Orders

  • Plaintiffs entitled to recover damages from Gerard Madden and Dermot G. O'Donovan and Partners, jointly and severally, to discharge liability for costs (€88,902.30 plus interest at 8% per annum from 18 July 1997), additional costs incurred by IRTC in bankruptcy proceedings, costs incurred by IRTC and Minister in...