O'Sullivan -v- Rogan & Anor practising as Rogan and Moran Solicitors [2009] IEHC 456 (16 October 2009)

O'Sullivan -v- Rogan & Anor practising as Rogan and Moran Solicitors [2009] IEHC 456 (16 October 2009)

It is not possible at the preliminary stage to determine whether s. 71 of the Statute of Limitations, 1957 applies, as the facts regarding the defendants' conduct must be fully established at a plenary hearing. The plea of fraudulent concealment has been properly particularised and remains to be proved at trial.

Citation
[2009] IEHC 456
Parties
Plaintiff: Patrick O’Sullivan; Defendants: Vincent Rogan and Maire Moran, both practising under the style and title of Rogan and Moran Solicitors
Jurisdiction
Ireland
Judgment Date
16 October 2009
Procedural Posture
Plenary Proceedings / Preliminary Issue—application to Strike Out as Statute Barred
Outcome
Application to strike out as statute-barred refused at this stage; issue remitted to plenary hearing.
Legal Topics
Statute of Limitations, Fraudulent Concealment, Solicitor's Duty of Care
Civil Procedure Professional Negligence Statute of Limitations Fraudulent Concealment Solicitor's Duty of Care

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 7 Party arguments 2
Sign in to unlock

Parties

Patrick O’Sullivan

Plaintiff

Vincent Rogan and Maire Moran, both practising under the style and title of Rogan and Moran Solicitors

Defendants

Procedural Posture

Plenary Proceedings / Preliminary Issue—application to Strike Out as Statute Barred

Legal Issues

  1. 1 Whether the plaintiff's claim is statute-barred under the Statute of Limitations, 1957
  2. 2 Whether the defendants' conduct amounted to fraudulent concealment under s. 71 of the Statute of Limitations, 1957

Ratio Decidendi

It is not possible at the preliminary stage to determine whether s. 71 of the Statute of Limitations, 1957 applies, as the facts regarding the defendants' conduct must be fully established at a plenary hearing. The plea of fraudulent concealment has been properly particularised and remains to be proved at trial.

Court Disposition

Application to strike out as statute-barred refused at this stage; issue remitted to plenary hearing.

Orders

  • Issue of whether s. 71 applies remitted to plenary hearing.