McTiernan & Anor v. Quin-Con Developments (Waterford Limited) & Ors [2007] IEHC 142 (17 April 2007)

McTiernan & Anor v. Quin-Con Developments (Waterford Limited) & Ors [2007] IEHC 142 (17 April 2007)

The applicants are allowed to come off record as solicitors for the first defendant because the insurer has repudiated the policy and the applicants cannot obtain instructions from the first defendant. However, due to excessive delay and failure to promptly communicate repudiation and prosecute the application to come off record, the insurer must bear liability for the plaintiffs' costs incurred in processing the claim against the first defendant between March 2004 and July 2006 (excluding costs not involving the insurer/applicants), the costs of all parties in answering this motion, and any costs of the aborted earlier application if awarded against the first defendant.

Citation
[2007] IEHC 142
Parties
Plaintiffs: Tadhg McTiernan and Nelly McTiernan; First Defendant: Quin-Con Developments (Waterford Limited); Second Defendant: LL Location Limited; Third Defendant: Neil Breheny; Fourth Defendant: Josephine Breheny; Fifth Defendant: Eamonn McSweeney; Sixth Defendant: Descon Construction Limited
Jurisdiction
Ireland
Judgment Date
17 April 2007
Procedural Posture
Application to Come Off Record / Interlocutory
Outcome
Application granted with conditions
Legal Topics
Solicitor Ceasing to Act, Repudiation of Insurance Policy, Costs Liability, Order 7 Rule 3, Joinder of Insurer
Civil Procedure Insurance Law Solicitor Ceasing to Act Repudiation of Insurance Policy Costs Liability Order 7 Rule 3 Joinder of Insurer

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Parties

Tadhg McTiernan and Nelly McTiernan

Plaintiffs

Quin-Con Developments (Waterford Limited)

First Defendant

LL Location Limited

Second Defendant

Neil Breheny

Third Defendant

Josephine Breheny

Fourth Defendant

Eamonn McSweeney

Fifth Defendant

Descon Construction Limited

Sixth Defendant

Procedural Posture

Application to Come Off Record / Interlocutory

Legal Issues

  1. 1 Whether the applicants (solicitors) should be permitted to come off record for the first defendant
  2. 2 Whether the insurer should be liable for costs incurred due to delay in repudiation and coming off record

Ratio Decidendi

The applicants are allowed to come off record as solicitors for the first defendant because the insurer has repudiated the policy and the applicants cannot obtain instructions from the first defendant. However, due to excessive delay and failure to promptly communicate repudiation and prosecute the application to come off record, the insurer must bear liability for the plaintiffs' costs incurred in processing the claim against the first defendant between March 2004 and July 2006 (excluding costs not involving the insurer/applicants), the costs of all parties in answering this motion, and any costs of the aborted earlier application if awarded against the first defendant.

Court Disposition

Application granted with conditions

Orders

  • Applicants (O'Rourke Reid) permitted to come off record for the first defendant, subject to the insurer bearing specified costs.
  • Insurer to bear plaintiffs' costs of processing the claim against the first defendant between March 2004 and July 2006, except for steps not involving insurer/applicants.