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Court of Appeal dismisses appeal and affirms the decision of the High Court refusing to grant leave to the appellant to institute intended proceedings against a bank for specific performance of an alleged settlement agreement, on the grounds that: (a) the trial judge applied the correct test in determining whether the appellant had a stateable case; and (b) there was no credible evidence to support an allegation that the bank was a party to an alleged settlement.
McGovern J. (nem diss): leave to institute proceedings - Irish Bank Resolution Corporation Act 2013 - intended proceedings in which appellant seeks an order of specific performance of an agreement which purports to settle previous proceedings and disputes arising between the various parties to the intended proceedings - court should have regard to the purpose of the Irish Bank Resolution Corporation Act 2013 - court should have regard as to whether public resources should be used to defend the intended proceedings which the respondent contends are doomed to fail - trial judge applied the correct test in determining whether there was a stateable case - no credible evidence to support an allegation that IBRC were a party to the alleged settlement - solicitor should have been more careful about checking the facts as they emerge from her own correspondence before making averments of material facts which are demonstrably inaccurate - insufficient evidence to prove solicitor intentionally misled the court - appeal dismissed.
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