Healy v Ulster Bank Ireland & Ors (Unapproved) [2020] IECA 332 (27 November 2020)

Healy v Ulster Bank Ireland & Ors (Unapproved) [2020] IECA 332 (27 November 2020)

No enforceable contract existed to release Dr. Healy from liability as there was no consideration; promissory estoppel was not available because the only detriment was facilitating collection of admitted liabilities, and reliance was not for a proper purpose. Promontoria validly acquired the benefit of the guarantee and was entitled to judgment.

Citation
[2020] IECA 332
Parties
Plaintiff/appellant: Neil Healy; Defendant/respondent: Ulster Bank Ireland Limited; Defendant/respondent: Promontoria (Aran) Limited
Jurisdiction
Ireland
Judgment Date
27 November 2020
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
Appeal dismissed; judgment for Promontoria upheld.
Legal Topics
Guarantee Liability, Promissory Estoppel, Breach of Contract, Set Off, Authority of Bank Agents
Contract Law Banking Law Equity Guarantee Liability Promissory Estoppel Breach of Contract Set Off Authority of Bank Agents

Case Brief

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Parties

Neil Healy

Plaintiff/appellant

Ulster Bank Ireland Limited

Defendant/respondent

Promontoria (Aran) Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether Dr. Healy was released from liability to Ulster Bank under a guarantee
  2. 2 Whether Ulster Bank is estopped from enforcing the guarantee
  3. 3 Whether Promontoria acquired the benefit of the guarantee

Ratio Decidendi

No enforceable contract existed to release Dr. Healy from liability as there was no consideration; promissory estoppel was not available because the only detriment was facilitating collection of admitted liabilities, and reliance was not for a proper purpose. Promontoria validly acquired the benefit of the guarantee and was entitled to judgment.

Court Disposition

Appeal dismissed; judgment for Promontoria upheld.

Orders

  • Promontoria recover €1,634,132.16 from Dr. Healy
  • Costs awarded against Dr. Healy