Court of Appeal upholds judgment of the High Court and refuses an extension of time to bring an appeal, in circumstances where the most recent statement of claim was delivered more than ten months outside the time period directed for its delivery by the High Court, and only after a further motion was brought by the bank, on the grounds that there was no explanation for the failure to initiate proceedings earlier; the last amended statement of claim contained no cause of action known to law; and it was not established that an injustice would arise from a refusal.
Court of Appeal - Order 19, rule 28 - Rules of the Superior Courts - 15th April, 2021 - ex tempore High Court judgment - applicants' application dismissed - loan facilities between Crowes and National Irish Bank Limited ("NIB") June 2006, March 2007, December 2007 - 9th October 2015 - Kearns P. - €1.2 million summary judgment against Crowes - 11th April, 2016 - Court of Appeal refused extension of time to appeal - 20th March, 2017 - new High Court proceedings - represented by counsel from February 2020 - May 2018 to January 2021 - four different statements of claim - most recent ten months outside the timeframe - 13th April, 2021 - Hyland J. heard application to strike out - dismissed, no explanation for failure to initiate proceedings - necessary to dismiss in interests of justice - grounds unstateable and unsustainable - arguing judge should not have brought parties' attention to leading Irish judgment was incorrect - fourth statement of claim was also deficient in form and substance - no confidence a fifth could correct this - fraud argued - 20th June, 2019 - dismissed by O'Regan J. - no appeal - didn't comply with O'Regan J. statement of claim order - 11th February, 2020 - had to be delivered within four weeks - 27th January, 2021 - delivered - nine months late including Order 122, rule 5 RSC provisions regarding August - 14th September, 2020 - bank delivered notice to strike out - Crowes argued had little time to prepare - solicitor had been on notice for five months - same for instructing barrister - statement of claim defects - claim delay due to Covid-19 pandemic and solicitor moving practice - overall conduct had been considered - case not identified between 2018 and 2021 - no onus on bank to raise particulars - delay sufficiently serious and persistent - four grounds of appeal - trial judge correct in concluding that the latest version of the amended statement of claim contained no cause of action known to law - correct in concluding that the applicants failed to comply with the order of O’Regan J. - last statement of claim contained no stateable case of law - no error - not established at any stage a real injustice would result - breaches at heart of administration of justice - no stateable claim made - appeal dismissed - bank entitled to costs.