McEneaney & Ors v Ulster Bank Ireland Ltd & Anor

McEneaney & Ors v Ulster Bank Ireland Ltd & Anor

Permission to amend pleadings to introduce claims in fraud, breach of trust, and expanded 'back end' negligence claims is refused as they are time-barred under the Limitation Act, 1980, do not arise from the same or substantially the same facts as existing claims, and are inadequately pleaded. The claim against Evans Randall is dismissed as there is no real prospect of establishing statutory or common law duties owed to claimants. Limited permission is granted to amend the claim against Ulster Bank Ireland Limited only to the extent of uncontroversial clarifications.

Parties
Claimants: Brendan McEneaney & Others; First Defendant: Ulster Bank Ireland Limited; Second Defendant: Evans Randall Investment Management Limited
Jurisdiction
England and Wales
Judgment Date
09 November 2015
Procedural Posture
Civil Commercial / Ruling on Applications to Amend Pleadings and for Summary Judgment
Outcome
Applications to amend pleadings to introduce new claims in fraud, breach of trust, and expanded negligence are refused; summary judgment granted in favour of Evans Randall Investment Management Limited; limited permission to amend claim against Ulster Bank Ireland Limited granted for uncontroversial clarifications...
Legal Topics
Misrepresentation, Negligence, Breach of Statutory Duty, Breach of Trust, Limitation of Actions, Summary Judgment, Amendment of Pleadings
Commercial Law Banking and Finance Tort Law Trusts Law Misrepresentation Negligence Breach of Statutory Duty Breach of Trust +3 more

Case Brief

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Parties

Brendan McEneaney & Others

Claimants

Ulster Bank Ireland Limited

First Defendant

Evans Randall Investment Management Limited

Second Defendant

Procedural Posture

Civil Commercial / Ruling on Applications to Amend Pleadings and for Summary Judgment

Legal Issues

  1. 1 Whether claimants should be granted permission to amend pleadings to introduce new claims including fraud, breach of trust, and 'back end' negligence claims
  2. 2 Whether claims against defendants are time-barred under the Limitation Act, 1980
  3. 3 Whether the claimants have pleaded sufficient facts to support claims in fraud, breach of trust, and breach of statutory duty

Ratio Decidendi

Permission to amend pleadings to introduce claims in fraud, breach of trust, and expanded 'back end' negligence claims is refused as they are time-barred under the Limitation Act, 1980, do not arise from the same or substantially the same facts as existing claims, and are inadequately pleaded. The claim against Evans Randall is dismissed as there is no real prospect of establishing statutory or common law duties owed to claimants. Limited permission is granted to amend the claim against Ulster Bank Ireland Limited only to the extent of uncontroversial clarifications.

Court Disposition

Applications to amend pleadings to introduce new claims in fraud, breach of trust, and expanded negligence are refused; summary judgment granted in favour of Evans Randall Investment Management Limited; limited permission to amend claim against Ulster Bank Ireland Limited granted for uncontroversial clarifications...

Orders

  • Summary judgment for Evans Randall Investment Management Limited; claim against it dismissed.
  • Permission to amend claim against Ulster Bank Ireland Limited only to the limited, uncontroversial extent indicated.