The High Court has reserved judgment on an action for damages by a Co Wicklow couple against two firms of solicitors and another couple who sold them a plot of land for a house at Greystones eight years ago.
Terence and Maureen Doran of Rathdown Park, Greystones are suing their former solicitor, Michael J Delaney and Company, South Frederick Street, Dublin.
They are also suing Martin and Elizabeth Greene, of Woodbrook Glen, Bray, Co Wicklow, who sold them a site at Blacklion, Greystones, in 1990, and the Greenes' solicitors, Mr Joseph P Maguire and Ms Della Power, practising as Joseph Maguire and Company, Main Street, Bray, Co Wicklow.
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 subsequently found to be "landlocked".
In 1995 the High Court found the Dorans could take action for damages only against their own solicitor and against the persons who sold them the land. However, a subsequent Supreme Court judgment last March ruled they could also sue the solicitors which acted for the Greenes.
In the Supreme Court, Mr Justice Keane said it emerged there was a discrepancy between the boundaries of the site sold to the Dorans outlined on the map lodged with the planning application and the boundaries outlined in the Land Registry map of the site.
During this week's hearing, Mr Justice Geoghegan was told the only issue the court was concerned with was the assessment of damages against the five respondents since liability had already been found by the Supreme Court.
Counsel for the Dorans, Mr Paul O'Higgins SC, said the High Court found the Greenes and Delaney were liable to the Dorans for misleading them in what could be sold and the Supreme Court found that a duty of care rested with the Greenes' solicitors in regard to the Dorans.
Yesterday, Mr Justice Geoghegan said he found the matter difficult and would be issuing a reserved judgment