Danske Bank A/S v Kelly (Approved) [2020] IECA 126 (12 March 2020)

The existence of a factual dispute regarding whether a letter of demand issued in April 2009, as indicated by the bank's own records, means it is not 'very clear' the defendant has no case; thus, summary judgment is inappropriate and the matter should proceed to plenary hearing.

Citation: [2020] IECA 126
Parties: Plaintiff/respondent: Danske Bank A/S; Defendant/appellant: John Kelly
Jurisdiction: Ireland
Judgment Date: 12 March 2020
Procedural Posture: Civil Appeal / Appeal From Summary Judgment Order of the High Court
Outcome: Appeal Allowed
Legal Topics: Summary Judgment, Statute of Limitations, Loan Facility, Burden of Proof

Banking Law Civil Procedure Summary Judgment Statute of Limitations Loan Facility Burden of Proof

Case Brief

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Parties

Danske Bank A/S

Plaintiff/respondent

John Kelly

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Order of the High Court

Legal Issues

1 Whether the claim is statute-barred under the Statute of Limitations Act 1957
2 Whether the bank proved its entitlement to enforce the loan as successor to National Irish Bank Limited
3 Whether summary judgment was appropriate given the factual disputes

Ratio Decidendi

Court Disposition

Appeal Allowed

Orders

Summary judgment set aside
Matter to proceed to plenary hearing, potentially with a preliminary issue on the Statute of Limitations