Allied Irish Banks PLC -v- Pollock & ors [2016] IEHC 581 (21 October 2016)

Allied Irish Banks PLC -v- Pollock & ors [2016] IEHC 581 (21 October 2016)

The loan facilities were repayable on or before 30th September 2009 without the necessity for demand; the cause of action accrued on that date, and as the action was not commenced within two years of the death of the deceased, it is statute barred under s. 9 of the Civil Liability Act 1961.

Source-derived case information.

Citation
[2016] IEHC 581
Parties
Plaintiff: Allied Irish Banks PLC; First Defendant: Mary Pollock; Second Defendant (personal Representative of Thomas Pollock, Deceased): William Roche; Third Defendant: Justin Sullivan
Jurisdiction
Ireland
Judgment Date
21 October 2016
Procedural Posture
Summary Judgment Motion / Determination of Preliminary Point of Law/statute Bar
Outcome
Action against the second defendant is statute barred and dismissed.
Legal Topics
Loan Facility Construction, Statute of Limitations, Survival of Actions Against Estates, Demand for Repayment, Acknowledgment of Debt
Banking Law Contract Law Succession Law Civil Procedure Loan Facility Construction Statute of Limitations Survival of Actions Against Estates Demand for Repayment +1 more

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Parties

Allied Irish Banks PLC

Plaintiff

Mary Pollock

First Defendant

William Roche

Second Defendant (personal Representative of Thomas Pollock, Deceased)

Justin Sullivan

Third Defendant

Procedural Posture

Summary Judgment Motion / Determination of Preliminary Point of Law/statute Bar

Legal Issues

  1. 1 Whether the Bank's claim against the estate of the deceased is statute barred under s. 9 of the Civil Liability Act 1961
  2. 2 Whether the cause of action accrued before or after the death of the deceased
  3. 3 Whether demand was necessary to trigger the accrual of the cause of action under the loan agreements

Ratio Decidendi

The loan facilities were repayable on or before 30th September 2009 without the necessity for demand; the cause of action accrued on that date, and as the action was not commenced within two years of the death of the deceased, it is statute barred under s. 9 of the Civil Liability Act 1961.

Court Disposition

Action against the second defendant is statute barred and dismissed.

Orders

  • Action against the second defendant dismissed as statute barred.