Byrne & Anor v National Asset Management Agency (Approved) [2020] IECA 305 (11 November 2020)

Byrne & Anor v National Asset Management Agency (Approved) [2020] IECA 305 (11 November 2020)

The plaintiffs' claim is statute barred as it was brought more than six years after the cause of action accrued (date of acquisition, 17 December 2010); the limitation period is not postponed by date of notification or knowledge; the claim is a collateral attack on the acquisition requiring leave under s.182 of the 2009 Act, which was not obtained; the Charter of Fundamental Rights and EU law are not engaged as the 2009 Act does not implement EU law; and the proceedings are an abuse of process as they constitute a public law challenge that should have been brought by judicial review within the applicable time limits.

Citation
[2020] IECA 305
Parties
Plaintiff/respondent: Vincent Byrne; Plaintiff/respondent: Vincent Byrne Junior; Defendant/appellant: National Asset Management Agency
Jurisdiction
Ireland
Judgment Date
11 November 2020
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Regarding Strike Out Application
Outcome
Appeal allowed; cross-appeal dismissed; plaintiffs' claim struck out in its entirety.
Legal Topics
Statute of Limitations, Right to Fair Procedures, Judicial Review, Collateral Attack on Public Law Decisions, Implementation of EU Law, Damages for Breach of Rights
Civil Procedure Banking Law Constitutional Law Human Rights Law Statute of Limitations Right to Fair Procedures Judicial Review Collateral Attack on Public Law Decisions +2 more

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Parties

Vincent Byrne

Plaintiff/respondent

Vincent Byrne Junior

Plaintiff/respondent

National Asset Management Agency

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Regarding Strike Out Application

Legal Issues

  1. 1 Whether the plaintiffs' claim is statute barred under the Statute of Limitations Act 1957
  2. 2 Whether the claim constitutes a collateral attack on the validity of NAMA's acquisition of bank assets
  3. 3 Whether leave of court under s.182 of the National Asset Management Agency Act 2009 is required

Ratio Decidendi

The plaintiffs' claim is statute barred as it was brought more than six years after the cause of action accrued (date of acquisition, 17 December 2010); the limitation period is not postponed by date of notification or knowledge; the claim is a collateral attack on the acquisition requiring leave under s.182 of the 2009 Act, which was not obtained; the Charter of Fundamental Rights and EU law are not engaged as the 2009 Act does not implement EU law; and the proceedings are an abuse of process as they constitute a public law challenge that should have been brought by judicial review within the applicable time limits.

Court Disposition

Appeal allowed; cross-appeal dismissed; plaintiffs' claim struck out in its entirety.

Orders

  • Order striking out the Byrnes' claim in its entirety.
  • NAMA entitled to its costs in the Court of Appeal and High Court, including costs of the motion and proceedings, subject to further application by the Byrnes within 14 days if they wish to contest costs.