Byrne & anor v National Asset Management Agency [2018] IEHC 526 (02 October 2018)

Byrne & anor v National Asset Management Agency [2018] IEHC 526 (02 October 2018)

The Court held that the application to strike out the proceedings could not succeed at this interlocutory stage. The claim for damages based on alleged breach of fair procedures is not, on its face, bound to fail, as the right to fair procedures may be triggered even for non-performing loans. The issues of whether the claim is statute barred, whether the cause of action accrued on notification, and whether the proceedings are a collateral attack requiring judicial review, require further evidence and argument. The claim under the Charter of Fundamental Rights is bound to fail as the Charter does not apply to the implementation of domestic law in this context. The application to strike out...

Citation
[2018] IEHC 526
Parties
Plaintiff/respondent: Vincent Byrne; Plaintiff/respondent: Vincent Byrne Junior; Defendant/applicant: National Asset Management Agency
Jurisdiction
Ireland
Judgment Date
02 October 2018
Procedural Posture
Motion to Dismiss/strike Out Proceedings / Interlocutory Application Prior to Delivery of Defence
Outcome
Application to strike out proceedings refused
Legal Topics
Fair Procedures, Judicial Review, Statute of Limitations, Collateral Attack, European Convention on Human Rights, Charter of Fundamental Rights of the European Union, National Asset Management Agency Act 2009
Administrative Law Banking Law Constitutional Law Human Rights Law Fair Procedures Judicial Review Statute of Limitations Collateral Attack +3 more

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Parties

Vincent Byrne

Plaintiff/respondent

Vincent Byrne Junior

Plaintiff/respondent

National Asset Management Agency

Defendant/applicant

Procedural Posture

Motion to Dismiss/strike Out Proceedings / Interlocutory Application Prior to Delivery of Defence

Legal Issues

  1. 1 Whether the proceedings should be struck out as disclosing no cause of action, being frivolous/vexatious, or as an abuse of process
  2. 2 Whether the claim is statute barred under the Statute of Limitations Act 1957 or the National Asset Management Agency Act 2009
  3. 3 Whether the plaintiffs were entitled to fair procedures prior to the acquisition of their assets by NAMA

Ratio Decidendi

The Court held that the application to strike out the proceedings could not succeed at this interlocutory stage. The claim for damages based on alleged breach of fair procedures is not, on its face, bound to fail, as the right to fair procedures may be triggered even for non-performing loans. The issues of whether the claim is statute barred, whether the cause of action accrued on notification, and whether the proceedings are a collateral attack requiring judicial review, require further evidence and argument. The claim under the Charter of Fundamental Rights is bound to fail as the Charter does not apply to the implementation of domestic law in this context. The application to strike out...

Court Disposition

Application to strike out proceedings refused

Orders

  • Application to dismiss or strike out proceedings refused
  • Non-compliance with Practice Direction HC54 does not prevent application proceeding