Hoare -v- Allied Irish Banks Plc & anor [2014] IESC 73 (17 December 2014)

Hoare -v- Allied Irish Banks Plc & anor [2014] IESC 73 (17 December 2014)

The Supreme Court held that the High Court's findings of fact were supported by credible evidence, including that the arrangement between the parties provided for a twelve-month period of forbearance, after which the bank was entitled to enforce its securities. The email relied upon by the appellants did not constitute a binding contract of forbearance. There was no error in the High Court's decision, and the appeal was dismissed.

Citation
[2014] IESC 73
Parties
Plaintiff/appellant: Michael Hoare; Plaintiff/appellant: Mary Hoare; Defendant/respondent: Allied Irish Banks Plc; Defendant/respondent: James Luby
Jurisdiction
Ireland
Judgment Date
17 December 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court orders affirmed
Legal Topics
Forbearance Agreements, Appointment of Receivers, Mortgage Enforcement, Summary Judgment, Costs Orders
Banking Law Contract Law Forbearance Agreements Appointment of Receivers Mortgage Enforcement Summary Judgment Costs Orders

Case Brief

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Parties

Michael Hoare

Plaintiff/appellant

Mary Hoare

Plaintiff/appellant

Allied Irish Banks Plc

Defendant/respondent

James Luby

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether an enforceable contract of forbearance existed between the appellants and the bank
  2. 2 Whether the High Court erred in its findings of fact regarding the alleged agreement
  3. 3 Whether the appointment of a receiver was lawful

Ratio Decidendi

The Supreme Court held that the High Court's findings of fact were supported by credible evidence, including that the arrangement between the parties provided for a twelve-month period of forbearance, after which the bank was entitled to enforce its securities. The email relied upon by the appellants did not constitute a binding contract of forbearance. There was no error in the High Court's decision, and the appeal was dismissed.

Court Disposition

Appeal dismissed; High Court orders affirmed

Orders

  • Appeal dismissed
  • High Court orders affirmed, including judgment for €5,609,556.76 in favour of the bank and 75% costs against the appellants