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The High Court awarded the plaintiff €36,000 in general damages for mental distress and €56,580 for costs incurred in a trustee application, following the admitted negligence and breach of contract by the defendants (the vendor and the plaintiff’s former solicitors) in a property transaction. The plaintiff, who purchased an apartment as part of a linked property sale and purchase, was left without good and marketable title for over 15 years, and was unable to sell or repair the apartment due to issues with title documentation and significant defects including damp and mould. The court rejected claims for further financial losses, aggravated damages, and diminution in property value, finding insufficient evidence for those heads of damages and that much of the plaintiff’s distress stemmed partly from her own actions and unrelated health issues. Ultimately, the court found the plaintiff had proven her entitlement to damages for the mental distress caused by being trapped in an uninhabitable property without proper title, but limited recovery on other grounds.
damages for mental distress – negligence – breach of contract – property conveyancing – failure to provide good and marketable title – linked property sales – inability to sell or repair property – Trustee Act application – costs of rectifying title – damp and mould in apartment – professional indemnity – assessment of diminution in value – liability admitted – general damages – aggravated damages refused – special damages
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