£202,198 awarded to couple who bought `landlocked' site

A couple engaged in a prolonged legal battle after paying £25,000 for a house site they later found was "landlocked" were awarded…

A couple engaged in a prolonged legal battle after paying £25,000 for a house site they later found was "landlocked" were awarded damages of £202,198 and costs at the High Court yesterday.

But the judge adjourned the case until next month to apportion liability between three sets of defendants in the action.

Terence and Maureen Doran, Rathdown Park, Greystones, Co Wicklow, brought the action against a couple who sold them a plot of land for a house at Blacklion, Greystones, and against two firms of solicitors.

They sued their former solicitor, Mr Michael Delaney, practising as Michael J. Delaney & Co, South Frederick Street, Dublin; the site vendors, Martin and Elizabeth Greene, Woodbrook Glen, Bray; and the Greenes' solicitors, Joseph F. Maguire and Della Power, practising at Joseph Maguire & Co, Main Street, Bray.

READ MORE

The Greenes are understood to be in Australia. A barrister who had acted for them said yesterday his instructions had been withdrawn and he was not representing them.

The action arose out of the purchase by the Dorans from the Greenes of a site for a house. Although planning permission had been given, the site was later found to be landlocked.

During the hearing last month, Mr Justice Geoghegan was told the only issue for him to decide was the assessment of damages since the Supreme Court had already found liability.

The Dorans had claimed from all defendants the sum of £232,623 for special damages plus general damages.

In his decision, the judge allowed special damages of £192,198 and £10,000 general damages. Special damages were claimed under several headings, including loss of family home; expenses incidental to land purchase and sale; the amount owing to the builder; reinstatement expenses if a family home of equivalent value was now purchased and medical and miscellaneous expenses.

Mr Justice Geoghegan said the action had come on for hearing in the High Court in October 1993. In a judgment in September 1995, Mr Delaney was found to be in breach of a duty of care owed to the plaintiffs and the Greenes were liable for breach of duty of care to the plaintiffs, including negligent misrepresentation. The solicitors for the vendors were absolved from all liability and the action against them was dismissed.

The Dorans appealed to the Supreme Court against the finding of no liability on the part of the vendors' solicitors. The appeal was allowed. The High Court had already held that Mr Delaney was entitled to be indemnified by the Greenes.