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Margaret Brennan refused Supreme Court house appeal

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Court of Appeal had held that Thomas and Catherine Flannery were not personally liable for damages over a defective house built by their company.

Margaret Brennan has been refused leave to appeal to the Supreme Court. The determination was delivered on 29 July 2015.

She sued over a defective house. On 9 March 2015, the Court of Appeal held that Thomas and Catherine Flannery were not personally liable. It found her building agreement was with their company, T & C Developments Limited.

Mrs Brennan argued that the company was a vehicle for the Flannerys. She said the corporate veil should be lifted. She also argued that the Court of Appeal should have modified the rule in Salomon v Salomon.

The Supreme Court was not persuaded. It said the case turned on its own facts and well-established legal principles.

It found no question of general importance, and no public interest in a further appeal. It also said no basis had been shown for modifying the Salomon rule.

Leave to appeal was therefore refused.

Sources

Source: Courts Service of Ireland. Read the linked determination for the court’s exact decision.

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