Supreme Court upholds the decision of the Court of Appeal, which had affirmed the High Court's refusal to dismiss a negligence case against a former executive of a financial institution. The executive's attorneys had sought dismissal on the grounds that due to his severe ill health and the passage of time, there was a substantial risk of an unfair trial. The case, initially claiming damages for the entire losses of the institution, was later confined to five specific series of loans. The courts found that the case had become more document-dependent and that other witnesses could provide relevant evidence, thus a fair trial was still possible.
Negligence - Financial institution executive - Ill health - Unfair trial risk - Damages claim - Irish Nationwide Building Society (INBS) - National Asset Management Agency (NAMA) - Irish Bank Resolution Corporation Limited (IBRC) - High Court - Court of Appeal - Supreme Court - Inherent jurisdiction - Civil proceedings - Documentary evidence - Witness testimony - Credit Institutions (Stabilisation) Act 2010 - Building Societies Act, 1989