Appeal dismissed as challenge to historic tax settlement agreements found statute-barred and incapable of fair trial

The Court of Appeal dismissed an appeal from the High Court, upholding its decision to refuse relief sought by a taxpayer and his company who sought to set aside historic settlement agreements with the Revenue Commissioners regarding a 1994 tax audit. The appellants argued that they were coerced into settlement under duress and only discovered years later that key bank accounts used in the audit were fraudulently opened in their name, seeking restitution of substantial sums paid. The Court found that the claims were statute-barred as the relevant facts were or could have been discovered with reasonable diligence many years prior to the commencement of proceedings. The Court rejected arguments that the limitation period should be extended on grounds of fraudulent concealment or 'equitable fraud', finding no credible evidence that Revenue concealed any right of action. Additionally, the Court held that due to the passage of time—including the death and unavailability of key witnesses—a fair trial was no longer possible. The appeal was dismissed and the order for costs in favour of Revenue was affirmed.