Courts / Dublin / Report

Solicitor fails in bid to overturn €30k damages award for actively misleading woman over property transfer

Summary

The Court of Appeal dismissed a solicitor's appeal against a €30,000 aggravated damages award to an elderly widow, Marie Gibson, who was defrauded of her home by her daughter Pauline Gibson. The High Court had found that Pauline forged signatures and transferred the property to herself in 2003, then secured a €190,000 mortgage from First Active Building Society. Marie and her husband were not properly advised and were unaware of the transfer. The solicitor, Kevin O'Gorman, who represented both parties, was ordered to pay Marie €5,000 compensatory damages and €30,000 aggravated damages for negligence and active misdirection. The Court of Appeal confirmed no legal error in the High Court's decision and rejected the solicitor's appeal, noting the evidence supported the aggravated damages award. The case remains in the estate of the deceased plaintiff.

Who, what, where, when and why

What: Report matter: Solicitor fails in bid to overturn €30k damages award for actively misleading woman over property transfer. Procedural stage: appeal

When:

• 2024-06-14 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report