A firm of solicitors was declared grossly negligent by a High Court judge yesterday over its conduct of a property deal in Co Clare.
Mr Justice Quirke awarded damages of €40,500 against the firm to a couple who claimed the conveyancing had not been properly carried out. He directed that €10,000 of the award should not be made in the event of an appeal.
He said more onerous standards applied when a solicitor acted for both vendor and purchaser, and he suggested it would be a good idea if the Law Society issued guidelines in this regard.
He was giving judgment on an action brought by Mr Sean Murray and Ms Bernadette Whelan, of Wood Road, Cratloe, Co Clare, against Mr James O'Donnell, Mr Thomas Dalton and Mr Michael Hogan practising under the title of O'Donnell Dalton and Hogan solicitors, of Oakfield House, Henry Street, Limerick. The firm denied the claims.
Mr Justice Quirke said he was satisfied the defendants had failed to take adequate instructions, keep records or maintain adequate files in relation to the transaction, and also failed to investigate the title deeds.
He was satisfied the plaintiffs suffered serious distress as a result of the negligence, and the damages were to take account of that distress and inconvenience.
The plaintiffs said they had purchased a house and lands at Cratloe in 1994 from Mr Desmond Kennedy for £34,750. The conveyance was handled by the defendants who, it appeared, had also acted for the vendor and possibly the building society as well.
The couple alleged the conveyance was defective in that they did not acquire the freehold of the property but merely acquired a leasehold interest in part of the property. They also alleged the transfer of the property was not registered.