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Landmark Supreme Court judgment to impact Irish property sector's reliance on disclaimer use

Global real estate professional and financial services company JLL has  won its long-running appeal before the Irish Supreme Court against property investor David Walsh. Advised by legal business DWF, JLL has been found to have no liability for damages which were sought arising from a dispute regarding a disclaimer in a property sales brochure. The decision will be welcomed by the property industry as it provides further clarification as to the effectiveness of disclaimers which are widely used by estate agents.

The high-profile case, David Walsh v Jones Lang LaSalle Limited, relates to the effectiveness and operation of a disclaimer clause in a sales brochure prepared by JLL in respect of the sale of a large commercial property at 77 Upper Gardiner Street, which the claimant Mr Walsh purchased for £2,342,000 in September 2000.

Lorna McAuliffe, litigation partner at DWF's Dublin office, said: "We are delighted by the Supreme Court's decision to take on board the arguments made by our team in obtaining clarity as to the effectiveness of disclaimers and the protection they provide. Given the recent increase in property transactions in Ireland, it is vital that buyers and sellers are clear as to their legal obligations and protections."    

The Irish Supreme Court, in majority judgments, found that the disclaimer was sufficient to exclude liability on the part of JLL. This will prove significant for the wider real estate sector and provide welcome clarification on this important legal issue.

JLL was represented by DWF solicitors and David Conlan Smyth SC. 

Lorna McAuliffe

Partner

I am a Partner in the Dublin office, specialising in commercial litigation and insurance.