O'Reilly -v- Moloney & ors [2016] IEHC 508 (01 July 2016)

O'Reilly -v- Moloney & ors [2016] IEHC 508 (01 July 2016)

The plaintiff failed to prove any professional negligence by the defendants; the evidence showed the defendants acted on instructions, provided appropriate advice, and the plaintiff voluntarily entered into the compromise. The plaintiff's delay in prosecuting the claim was inordinate and unexplained, justifying dismissal.

Citation
[2016] IEHC 508
Parties
Plaintiff: Patrick O'Reilly; Defendants: Dermot J. Moloney, Nicholas J. O’Keeffe, Sylvester M. Duane, Eugene M. Glendon, Kevin O’Keeffe and Patrick Dorgan, practising as Coakley Moloney Solicitors
Jurisdiction
Ireland
Judgment Date
01 July 2016
Procedural Posture
Professional Negligence Action / Judgment After Full Hearing
Outcome
Plaintiff's claim dismissed
Legal Topics
Solicitor's Duties, Delay in Prosecution, Compromise of Litigation, Evidentiary Conflict
Professional Negligence Civil Procedure Solicitor's Duties Delay in Prosecution Compromise of Litigation Evidentiary Conflict

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Parties

Patrick O'Reilly

Plaintiff

Dermot J. Moloney, Nicholas J. O’Keeffe, Sylvester M. Duane, Eugene M. Glendon, Kevin O’Keeffe and Patrick Dorgan, practising as Coakley Moloney Solicitors

Defendants

Procedural Posture

Professional Negligence Action / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the defendants were professionally negligent in their conduct as solicitors for the plaintiff
  2. 2 Whether the plaintiff's delay in prosecuting the claim justified dismissal
  3. 3 Whether the compromise agreement was entered into voluntarily and with proper advice

Ratio Decidendi

The plaintiff failed to prove any professional negligence by the defendants; the evidence showed the defendants acted on instructions, provided appropriate advice, and the plaintiff voluntarily entered into the compromise. The plaintiff's delay in prosecuting the claim was inordinate and unexplained, justifying dismissal.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim against the defendants is dismissed