Darby & Anor -v- Shanley & Anor (p/as Oliver Shanley and Company Solicitors) [2009] IEHC 459 (16 October 2009)

Darby & Anor -v- Shanley & Anor (p/as Oliver Shanley and Company Solicitors) [2009] IEHC 459 (16 October 2009)

The court held that the plaintiffs’ causes of action in negligence accrued only upon the settlement of the probate proceedings, when actual loss was suffered, and thus the claims were not statute barred. The court further found that the defendants, as solicitors, owed a duty of care to the intended beneficiaries of the Will and to Patrick Darby in the transfer transaction, and that this duty was breached by failing to ensure independent legal advice and proper safeguards against undue influence, resulting in foreseeable loss to the plaintiffs.

Citation
[2009] IEHC 459
Parties
Plaintiff: Patrick Darby; Plaintiff: Declan Darby; Defendants: Oliver Shanley and Michael Shanley practising under the style and title of Oliver Shanley and Company Solicitors
Jurisdiction
Ireland
Judgment Date
16 October 2009
Procedural Posture
Civil Professional Negligence / High Court Judgment
Outcome
Judgment for the plaintiffs in part
Legal Topics
Solicitor's Duty of Care, Statute of Limitations, Undue Influence, Testamentary Capacity, Family Home Protection, Probate Proceedings
Tort Law Professional Negligence Succession Law Solicitor's Duty of Care Statute of Limitations Undue Influence Testamentary Capacity Family Home Protection +1 more

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Parties

Patrick Darby

Plaintiff

Declan Darby

Plaintiff

Oliver Shanley and Michael Shanley practising under the style and title of Oliver Shanley and Company Solicitors

Defendants

Procedural Posture

Civil Professional Negligence / High Court Judgment

Legal Issues

  1. 1 Whether the defendants owed a duty of care to the plaintiffs as beneficiaries under the Will of Bridie Bird
  2. 2 Whether the defendants were negligent in the preparation of the Will and the transfer of land
  3. 3 Whether the claims were statute barred under the Statute of Limitations 1957

Ratio Decidendi

The court held that the plaintiffs’ causes of action in negligence accrued only upon the settlement of the probate proceedings, when actual loss was suffered, and thus the claims were not statute barred. The court further found that the defendants, as solicitors, owed a duty of care to the intended beneficiaries of the Will and to Patrick Darby in the transfer transaction, and that this duty was breached by failing to ensure independent legal advice and proper safeguards against undue influence, resulting in foreseeable loss to the plaintiffs.

Court Disposition

Judgment for the plaintiffs in part

Orders

  • The court finds the defendants liable in negligence for breach of duty of care to the plaintiffs in relation to the Will and the transfer.
  • Damages to be assessed in respect of the plaintiffs’ proven losses arising from the settlement of the probate proceedings.