Claims For Latent Damage

In Maura Hegarty v D. & S. Flanagan Brothers Ballymore Limited & Ors, the High Court set aside an order joining the third named defendant to the proceedings on the basis that the claim made by the plaintiff was time barred under the Statute of Limitations.  The court reiterated the principle that a plaintiff cannot rely on a "discoverability test" when dealing with a plea that is statute barred under Irish law.

Facts / background

The plaintiff entered into a contract to buy a house in Roscommon with the first named defendant in November 1999.  On 29 September 1999, the third named defendant, an engineer, issued a foundation inspection certificate in respect of the property, and subsequently on 7 June 2000 issued a certificate of compliance with planning permission.