Sheridan v Allied Irish Bank Plc (Unapproved) [2022] IECA 139 (23 June 2022)

Sheridan v Allied Irish Bank Plc (Unapproved) [2022] IECA 139 (23 June 2022)

The appellant's proceedings were solely for discovery, not maintainable in law absent clear proof of wrongdoing or need to identify a wrongdoer. The underlying claims were previously litigated and determined, are statute barred, and the appellant has no standing. The attempt to amend pleadings at appellate stage is inappropriate and the claims are frivolous, vexatious, and an abuse of process. The appeal is dismissed.

Citation
[2022] IECA 139
Parties
Plaintiff/appellant: John Sheridan; Defendant/respondent: Allied Irish Banks PLC
Jurisdiction
Ireland
Judgment Date
23 June 2022
Procedural Posture
Appeal (from High Court to Court of Appeal) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Discovery, Frivolous and Vexatious Proceedings, Statute of Limitations, Abuse of Process, Negligence, Fiduciary Duty, Company Restoration, Confidentiality of Bank Records
Civil Procedure Company Law Banking Law Probate/estate Law Discovery Frivolous and Vexatious Proceedings Statute of Limitations Abuse of Process +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John Sheridan

Plaintiff/appellant

Allied Irish Banks PLC

Defendant/respondent

Procedural Posture

Appeal (from High Court to Court of Appeal) / Judgment on Appeal

Legal Issues

  1. 1 Whether an action solely for discovery is maintainable against a bank in the absence of clear proof of wrongdoing or need to identify a wrongdoer
  2. 2 Whether the appellant's claim is frivolous, vexatious, or an abuse of process
  3. 3 Whether the claim is statute barred

Ratio Decidendi

The appellant's proceedings were solely for discovery, not maintainable in law absent clear proof of wrongdoing or need to identify a wrongdoer. The underlying claims were previously litigated and determined, are statute barred, and the appellant has no standing. The attempt to amend pleadings at appellate stage is inappropriate and the claims are frivolous, vexatious, and an abuse of process. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Proceedings dismissed as frivolous, vexatious, and an abuse of process
  • Costs of the appeal awarded to Allied Irish Banks PLC, with provision for a supplemental hearing on costs if appellant contests within 14 days