Appeals dismissed where there was a binding agreement for sale of lands

Bank seeks to recover judgment against the Defendants in the sum of €22,090,302.64 – loan - receivers by the Bank on foot of security documents executed as a term of that loan agreement - Receivers sought orders that they were validly appointed as joint receivers over the secured assets - Facility Letter – security - 80 acre site – valuation - borrowing was restructured – compromise agreement - the liabilities of the Defendants to the Bank – standing at the time in the region of €25,000,000 - were to be written off in return for a payment by the defendants of approximately €5,000,000 - Bank instituted proceedings against CBRE alleging negligence in the preparation of the valuation - Bank appointed the Receivers as joint receivers over the Lands - Bank settled its action against CBRE - whether the Defendants had been in breach of the Compromise Agreement thereby entitling the Bank to treat the Agreement as at an end and/or to pursue the Defendants for the debt alleged to be due on foot of the “Finance Documents” – whether the bank by reason of what was characterised as a compromise with a concurrent wrongdoer (CBRE) - precluded from claiming from the Defendants some or all of the debt - High Court Judgments – issues on appeal – motion to admit further evidence – motion refused - application to amend the First Defendant’s Notice of Appeal - lateness of the application to amend, and the absence of any explanation for the delay, those amendments should not be permitted – the Civil Liability Act – preliminary issue - whether the Defendants were obliged to tender evidence to establish that CBRE was negligent in its valuation of the lands, that that negligence caused or contributed to the damage suffered by the bank, and that CBRE was liable to contribute more than the sum of €5,000,000 to the Bank’s loss - whether the CLA applied to claims for the recovery of a debt - concurrent wrongdoers – what “damage” was caused - concurrent wrongdoers and actions to recover a debt - debtor’s liability is for the whole of the debt while the valuer’s liability is (at most) only for the amount of the loan that the lender is unable to recover from the debtor – liability is not concurrent - difference between claims for damages and other remedies - debt and damages - did not cause ‘the same damage’ – caselaw - Judge’s analysis and submissions of the Second and Third Defendants on this appeal -errors in the analysis of the Judge and Second and Third Defendants - implications for the legal relationship between joint debtors and debtors and guarantors - proof of wrongdoing - estoppel by pleading – allocation of damages - valuer cases continue to be approached generally on the basis that the scope of the duty is limited by reference to the consequences of the information provided by the valuer being incorrect - meaning and effect of the Mortgage - meaning and effect of the Compromise Agreement - did not constitute a consent to sale - meaning and effect of the Heads of Agreement of 13 June 2014 - prior breach by the Bank - breach on the part of the McDonaghs - right of the High Court to deploy certain findings against the First Defendant as well as the Second and Third Defendants - witnesses not called by the Bank/Not permitted to be called by First Defendant - Judge’s refusal to allow the First Defendant to call an expert graphologist - contention that the Bank was not entitled to require Joint Selling Agents - Refusal of the Judge to Review his Judgment - registration point - Bank’s Entitlement to Sue - Redaction of the Loan Sale Documentation - Bank’s failure to join the Receivers as plaintiffs in the claim against CBRE – no basis has been shown for impugning the Judge’s conclusion that the Heads of Agreement of 13 June 2014 did not constitute a binding agreement for the sale of the Kilpeddar Lands to Granja - First Defendant’s complaints that he was wrongfully excluded from calling evidence either from employees of the Bank or from a graphologist are rejected.