Horner v W. D. Irwin Sons Ltd and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1972 |
| Date | 01 January 1972 |
| Court | Queen's Bench Division (Northern Ireland) |
(Q.B.D.)
Horner
and
W. D. Irwin & Sons Ltd. and Another
Wrongful execution - Excessive execution -Necessity to prove malice - Solicitor - Duty owed to execution debtor - Negligence - Liability in absence of malice.
In an action based on wrongful execution under a writ of fieri facias it is not sufficient to prove that there was want of reasonable and probable cause. The plaintiff must go further and prove malice on the part of the defendants.
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2 cases
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Shaw Ming Jeong Frank v Banque Indosuez
... ... The plaintiff was unable to find another tenant and the property remained untenanted until May 1985. As at February ... Similarly, in Horner v Irwin & Sons Ltd , in an action for maliciously executing a writ of ... ...
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Raymond Davis v The Minister of Finance The Attorney General
...Computers International Ltd v Registrar of Companies [1988] Ch 229 Al-Kandari v JR Brown & Co [1988] QB 665 Horner v WD Irwin & Sons Ltd [1972] NI 202 Benjamin v KPMG Bermuda [2007] Bda LR 22 Trial of preliminary issue — Negligence — Economic loss — Duty of care to take reasonable steps to ......