Devine v McAteer [2014] NICA 50 (30 June 2014)

Devine v McAteer [2014] NICA 50 (30 June 2014)

The appeal was allowed because the evidence did not establish that the appellant gave negligent advice to the respondent or assumed responsibility for advice passed through her husband, and the respondent recouped her investment with no pleaded claim for loss of income or interest. The case was not proved on the pleaded facts.

Citation
[2014] NICA 50
Parties
Plaintiff/respondent: Mary Devine; Defendant/appellant: Daniel McAteer
Jurisdiction
Northern Ireland
Judgment Date
30 June 2014
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Negligent Misstatement, Breach of Contract, Measure of Damages, Professional Duty of Care
Tort Law Contract Law Professional Negligence Negligent Misstatement Breach of Contract Measure of Damages Professional Duty of Care

Case Brief

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Parties

Mary Devine

Plaintiff/respondent

Daniel McAteer

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the appellant negligently advised the respondent regarding EIS tax relief eligibility for share investment
  2. 2 Whether there was a contractual or tortious breach by the appellant in relation to the advice given
  3. 3 Whether damages were properly awarded based on the pleaded case

Ratio Decidendi

The appeal was allowed because the evidence did not establish that the appellant gave negligent advice to the respondent or assumed responsibility for advice passed through her husband, and the respondent recouped her investment with no pleaded claim for loss of income or interest. The case was not proved on the pleaded facts.

Court Disposition

Appeal allowed

Orders

  • Award of damages to respondent set aside
  • Court to hear parties on the issue of costs