O'Connor & Anor -v- Bank of Scotland & Ors [2015] IEHC 274 (20 February 2015)

O'Connor & Anor -v- Bank of Scotland & Ors [2015] IEHC 274 (20 February 2015)

The court found that the common areas of Lindville were always intended to be included in the 2002 mortgage security and that the plaintiff was fully aware of this. There was no negligence by the solicitors in 2007 as the underlying security was correct. The Bank did not make a binding representation to fund the developments to completion; any statements were subject to conditions precedent which were not fulfilled. The amalgamation of loans in 2010 was not unlawful or procured by fraud, deceit, or undue influence. No promise of €100,000 for showhouse completion was established. The receivers did not act in conflict or breach their duties. The solicitors did not fail in their advisory...

Citation
[2015] IEHC 274
Parties
Plaintiff (2012/12108 P), Defendant (2012/4449 S): Patrick O’Connor; Defendant (2012/12108 P): Bank of Scotland (Ireland) Limited; Defendant (2012/12108 P), Plaintiff (2012/4449 S): Bank of Scotland plc; Defendant (2012/12108 P): Michael Cotter and Luke Charleton trading as Ernst and Young; Defendant (2012/12108 P): Michael Cotter trading as Ernst and Young; Defendant (2012/12108 P): Ernst and Young; Defendant (2012/12108 P): James Riordan and Darren O’Keeffe trading as James Riordan and Partners; Defendant (2012/12108 P): James Riordan and Darren O’Keeffe trading as M. J. Horgan and Sons
Jurisdiction
Ireland
Judgment Date
20 February 2015
Procedural Posture
Civil Commercial / High Court Judgment
Outcome
Plaintiff's claims dismissed; judgment for Bank of Scotland plc for outstanding debt.
Legal Topics
Breach of Contract, Undue Influence, Misrepresentation, Negligence, Receivership, Mortgage Security, Conflict of Interest
Contract Law Banking Law Professional Negligence Breach of Contract Undue Influence Misrepresentation Negligence Receivership +2 more

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Parties

Patrick O’Connor

Plaintiff (2012/12108 P), Defendant (2012/4449 S)

Bank of Scotland (Ireland) Limited

Defendant (2012/12108 P)

Bank of Scotland plc

Defendant (2012/12108 P), Plaintiff (2012/4449 S)

Michael Cotter and Luke Charleton trading as Ernst and Young

Defendant (2012/12108 P)

Michael Cotter trading as Ernst and Young

Defendant (2012/12108 P)

Ernst and Young

Defendant (2012/12108 P)

James Riordan and Darren O’Keeffe trading as James Riordan and Partners

Defendant (2012/12108 P)

James Riordan and Darren O’Keeffe trading as M. J. Horgan and Sons

Defendant (2012/12108 P)

Procedural Posture

Civil Commercial / High Court Judgment

Legal Issues

  1. 1 Whether the common areas of Lindville were intended to be included in the 2002 mortgage security
  2. 2 Whether solicitors were negligent in failing to notice or correct the inclusion of common areas in the 2002 and 2007 securities
  3. 3 Whether the Bank made a binding representation to fund developments to completion

Ratio Decidendi

The court found that the common areas of Lindville were always intended to be included in the 2002 mortgage security and that the plaintiff was fully aware of this. There was no negligence by the solicitors in 2007 as the underlying security was correct. The Bank did not make a binding representation to fund the developments to completion; any statements were subject to conditions precedent which were not fulfilled. The amalgamation of loans in 2010 was not unlawful or procured by fraud, deceit, or undue influence. No promise of €100,000 for showhouse completion was established. The receivers did not act in conflict or breach their duties. The solicitors did not fail in their advisory...

Court Disposition

Plaintiff's claims dismissed; judgment for Bank of Scotland plc for outstanding debt.

Orders

  • Plaintiff's claims in 2012/12108 P dismissed in full.
  • Judgment for Bank of Scotland plc in 2012/4449 S for outstanding loan debt.