No duty of care on bank to advise customers on wisdom of commercial transactions

Banking law – appeal of order striking out of all the appellant’s claims on the basis that they were either unstateable or were bound to fail – appellant had assistance from a McKenzie – possession of premises on foot of a lease and over which the a mortgage was executed in favour of the bank as security for certain loans, which were in due course transferred into NAMA pursuant to the provisions of the National Asset Management Act, 2009 – Conveyancing Act, 1881 – appellant was duped by Mr Killaly, whom he knew, into lending him a total of almost €350,000 – whether appellant ought to have been told of Mr Killaly’s position in the bank and his weak financial position – whether AIB breached a duty of care because it failed to notify him of the difficulties in the account of another customer at the same AIB branch – no general duty of care imposed by the law upon a bank to advise its customers on the wisdom of its commercial transactions – trial judge was correct to conclude that as a matter of law the claim being advanced in negligence by Mr Delaney is unstateable and bound to fail – bank’s duty of confidentiality to its customers – appeal dismissed.