Mc Evoy & Anor v Turner [Practising Under the Style and Title of David Turner and Co Solicitors] & Anor (Approved) [2025] IEHC 317 (30 May 2025)

Mc Evoy & Anor v Turner [Practising Under the Style and Title of David Turner and Co Solicitors] & Anor (Approved) [2025] IEHC 317 (30 May 2025)

The plaintiffs lacked legal standing as attorneys because the Enduring Power of Attorney was never registered; claims for pain and suffering do not survive death; any claim by the estate is now statute barred; therefore, the proceedings disclose no reasonable cause of action and must be struck out.

Citation
[2025] IEHC 317
Parties
Plaintiff: Peter McEvoy; Plaintiff: Linda McEvoy; First Named Defendant: David Turner practising under the style and title of David Turner and Co Solicitors; Second Named Defendant: James McSweeney practising under the style and title of James McSweeney Solicitors
Jurisdiction
Ireland
Judgment Date
30 May 2025
Procedural Posture
Professional Negligence / Application to Strike Out Proceedings
Outcome
proceedings struck out
Legal Topics
Capacity, Enduring Power of Attorney, Statute of Limitations, Survival of Actions, Personal Injury, Medical Negligence
Professional Negligence Civil Procedure Capacity Enduring Power of Attorney Statute of Limitations Survival of Actions Personal Injury Medical Negligence

Case Brief

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Parties

Peter McEvoy

Plaintiff

Linda McEvoy

Plaintiff

David Turner practising under the style and title of David Turner and Co Solicitors

First Named Defendant

James McSweeney practising under the style and title of James McSweeney Solicitors

Second Named Defendant

Procedural Posture

Professional Negligence / Application to Strike Out Proceedings

Legal Issues

  1. 1 Do the plaintiffs have legal standing to bring professional negligence proceedings against the defendants?
  2. 2 Does the failure to register the Enduring Power of Attorney confer any cause of action?
  3. 3 Are any claims statute barred or extinguished by death?

Ratio Decidendi

The plaintiffs lacked legal standing as attorneys because the Enduring Power of Attorney was never registered; claims for pain and suffering do not survive death; any claim by the estate is now statute barred; therefore, the proceedings disclose no reasonable cause of action and must be struck out.

Court Disposition

proceedings struck out

Orders

  • Proceedings struck out pursuant to O. 19, r. 28 for failing to disclose any reasonable cause of action.
  • Defendants entitled to costs; costs hearing scheduled for 19 June 2025.