Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against a High Court order to strike out the appellant’s claim against a bank for failing to determine a reasonable cause of action, on the grounds, inter alia, that, even if the appellants were granted leave to amend a Statement of Claim, the claim would still be regarded as frivolous, vexatious, bound to fail and an abuse of process.
Court of Appeal – striking out the appellant’s claim – Order 19 of Rule 28 of the Rules of the Superior Courts – banking law – administrator of estate – proceedings were dismissed in the High Court as being frivolous and vexatious – abuse of process - notice of appeal includes new evidence not provided in the High Court – proposed amendment to Statement of Claim – Statute of limitations – the argument that time did not run because the cause of action was concealed by fraud (s. 71 of the Statute of Limitations 1957) does not assist the appellant - even if this Court were to permit an amendment to the claims in accordance with the amended Statement of Claim exhibited by the appellant, the claims which the appellant seeks to pursue against AIB are still frivolous and vexatious and bound to fail – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now