Hosey -v- Ulster Bank Ltd & Ors [2017] IECA 257 (12 October 2017)

Hosey -v- Ulster Bank Ltd & Ors [2017] IECA 257 (12 October 2017)

The amended statement of claim disclosed a cause of action for negligence, breach of duty, and breach of fiduciary duty against Weldon & Co. The claim was not bound to fail, as factual disputes and potential documentary evidence could support Mrs. Hosey's case. The High Court judge correctly refused to dismiss the proceedings at an interlocutory stage.

Citation
[2017] IECA 257
Parties
Plaintiff / Respondent: Margaret Hosey; 1st Named Defendant / Appellant: Ulster Bank Ireland Limited; 2nd Named Defendant / Appellant: Brendan Weldon practising under the style and title of Brendan Weldon and Company
Jurisdiction
Ireland
Judgment Date
12 October 2017
Procedural Posture
Appeal / Appeal From High Court Judgment Refusing to Dismiss Claim
Outcome
Appeal dismissed
Legal Topics
Striking Out Pleadings, Negligence, Duty of Care, Fiduciary Duty, Abuse of Process
Civil Procedure Tort Law Banking Law Striking Out Pleadings Negligence Duty of Care Fiduciary Duty Abuse of Process

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Parties

Margaret Hosey

Plaintiff / Respondent

Ulster Bank Ireland Limited

1st Named Defendant / Appellant

Brendan Weldon practising under the style and title of Brendan Weldon and Company

2nd Named Defendant / Appellant

Procedural Posture

Appeal / Appeal From High Court Judgment Refusing to Dismiss Claim

Legal Issues

  1. 1 Whether the plaintiff's amended statement of claim discloses a cause of action against Weldon & Co.
  2. 2 Whether the proceedings should be dismissed as bound to fail or as an abuse of process

Ratio Decidendi

The amended statement of claim disclosed a cause of action for negligence, breach of duty, and breach of fiduciary duty against Weldon & Co. The claim was not bound to fail, as factual disputes and potential documentary evidence could support Mrs. Hosey's case. The High Court judge correctly refused to dismiss the proceedings at an interlocutory stage.

Court Disposition

Appeal dismissed

Orders

  • The appeal of Weldon & Co. is dismissed.
  • The High Court order refusing to strike out the proceedings is affirmed.