Grant Thornton (a firm) & anor v Scanlon [2019] IECA 276 (31 October 2019)

Grant Thornton (a firm) & anor v Scanlon [2019] IECA 276 (31 October 2019)

There was no substantiated or credible evidence of objective bias; neither the Data Protection Commissioner nor Danske Bank had a role or cause of action in the proceedings; the orders striking out portions of the defence and counterclaim were proper applications of procedural law; the appeals were without merit and must be dismissed.

Citation
[2019] IECA 276
Parties
Plaintiff/respondent: Grant Thornton (A Firm); Plaintiff/respondent: Grant Thornton Corporate Finance Limited; Defendant/appellant: Gerardine Scanlan
Jurisdiction
Ireland
Judgment Date
31 October 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Interlocutory Orders
Outcome
Appeal dismissed; High Court orders affirmed
Legal Topics
Objective Bias, Joinder of Parties, Data Protection Act 1988, Injunctive Relief, Breach of Confidence, Misuse of Private Information, Breach of Statutory Duty
Civil Procedure Data Protection Injunctions Objective Bias Joinder of Parties Data Protection Act 1988 Injunctive Relief Breach of Confidence +2 more

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Parties

Grant Thornton (A Firm)

Plaintiff/respondent

Grant Thornton Corporate Finance Limited

Plaintiff/respondent

Gerardine Scanlan

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Interlocutory Orders

Legal Issues

  1. 1 Whether the trial judge's orders should be set aside for objective bias
  2. 2 Whether the Data Protection Commissioner and Danske Bank should be joined as parties
  3. 3 Whether portions of the defence and counterclaim should be struck out

Ratio Decidendi

There was no substantiated or credible evidence of objective bias; neither the Data Protection Commissioner nor Danske Bank had a role or cause of action in the proceedings; the orders striking out portions of the defence and counterclaim were proper applications of procedural law; the appeals were without merit and must be dismissed.

Court Disposition

Appeal dismissed; High Court orders affirmed

Orders

  • Appeals dismissed
  • Orders of the High Court affirmed