Behan v. Bank of Ireland [2002] IESC 20 (19 March 2002)

Behan v. Bank of Ireland [2002] IESC 20 (19 March 2002)

The plaintiff's current proceedings are barred by res judicata as the issues, including those relating to the farm rescue scheme and the alleged consequences, were fully litigated and determined in previous proceedings between the same parties. The High Court erred in holding otherwise. The current claim is essentially the same as the previous one, and the plaintiff cannot relitigate matters already decided. Finality in litigation must be upheld.

Citation
[2002] IESC 20
Parties
Plaintiff/respondent: James J. Behan; Defendant/appellant: Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Judgment Date
19 March 2002
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Refusing to Strike Out Proceedings
Outcome
Appeal allowed; plaintiff's proceedings struck out.
Legal Topics
Res Judicata, Estoppel, Fraud Allegations, Statute of Limitations, Striking Out Proceedings, Farm Rescue Package Scheme
Civil Procedure Banking Law Contract Law Tort Law Res Judicata Estoppel Fraud Allegations Statute of Limitations +2 more

Case Brief

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Parties

James J. Behan

Plaintiff/respondent

Governor and Company of the Bank of Ireland

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Refusing to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's current proceedings are barred by res judicata
  2. 2 Whether the plaintiff's claim discloses any reasonable cause of action
  3. 3 Whether the proceedings are frivolous or vexatious

Ratio Decidendi

The plaintiff's current proceedings are barred by res judicata as the issues, including those relating to the farm rescue scheme and the alleged consequences, were fully litigated and determined in previous proceedings between the same parties. The High Court erred in holding otherwise. The current claim is essentially the same as the previous one, and the plaintiff cannot relitigate matters already decided. Finality in litigation must be upheld.

Court Disposition

Appeal allowed; plaintiff's proceedings struck out.

Orders

  • The appeal is allowed.
  • The plaintiff's proceedings are struck out as res judicata.