Butler & Anor -v- Nelson & Co Solicitors [2017] IECA 149 (10 May 2017)

Butler & Anor -v- Nelson & Co Solicitors [2017] IECA 149 (10 May 2017)

The trial judge correctly applied the legal test for non-suit, found no credible evidence of breach of contract, negligence, or breach of fiduciary duty by Nelson & Co Solicitors, and properly concluded that claims of fraud and conspiracy were withdrawn by both plaintiffs. The appeal fails as no prima facie case was established.

Citation
[2017] IECA 149
Parties
Plaintiff/appellant: Michael Butler; Plaintiff/appellant: William Butler; Defendant/respondent: Nelson & Co Solicitors
Jurisdiction
Ireland
Judgment Date
10 May 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Solicitor's Duty of Care, Breach of Contract, Negligence, Fiduciary Duty, Mc Kenzie Friend, Non Suit Application
Civil Procedure Professional Negligence Contract Law Solicitor's Duty of Care Breach of Contract Negligence Fiduciary Duty Mc Kenzie Friend +1 more

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Parties

Michael Butler

Plaintiff/appellant

William Butler

Plaintiff/appellant

Nelson & Co Solicitors

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Nelson & Co Solicitors breached contract, were negligent, or breached fiduciary duty in advising plaintiffs regarding partnership and property development.
  2. 2 Whether the trial judge correctly applied the legal test for non-suit.
  3. 3 Whether claims of fraud and conspiracy were properly withdrawn by both plaintiffs.

Ratio Decidendi

The trial judge correctly applied the legal test for non-suit, found no credible evidence of breach of contract, negligence, or breach of fiduciary duty by Nelson & Co Solicitors, and properly concluded that claims of fraud and conspiracy were withdrawn by both plaintiffs. The appeal fails as no prima facie case was established.

Court Disposition

appeal dismissed

Orders

  • Plaintiffs' claims dismissed
  • No order permitting Ms. Farrell to give evidence