Allied Irish Banks plc v Kelly [2018] IEHC 809 (14 December 2018)

Allied Irish Banks plc v Kelly [2018] IEHC 809 (14 December 2018)

The defendant's sworn statement of affairs acknowledging the debts, the clear wording of the settlement agreement not releasing the defendant, and the written acknowledgment within the limitation period collectively establish that the plaintiff is entitled to summary judgment and the defendant has no bona fide defence.

Source-derived case information.

Citation
[2018] IEHC 809
Parties
Plaintiff: Allied Irish Banks plc; Defendant: James Kelly
Jurisdiction
Ireland
Judgment Date
14 December 2018
Procedural Posture
Summary Judgment Application / Judgment on Application for Summary Judgment
Outcome
summary judgment granted for the plaintiff
Legal Topics
Summary Judgment, Loan Agreements, Joint and Several Liability, Statute of Limitations, Settlement Agreements, Acknowledgment of Debt
Banking Law Contract Law Civil Procedure Summary Judgment Loan Agreements Joint and Several Liability Statute of Limitations Settlement Agreements +1 more

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Parties

Allied Irish Banks plc

Plaintiff

James Kelly

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the sums claimed under two loan agreements
  2. 2 Whether the defendant has established a bona fide defence to the claim
  3. 3 Whether the settlement agreement with a co-borrower discharges the defendant's liability under s. 17 of the Civil Liability Act 1961

Ratio Decidendi

The defendant's sworn statement of affairs acknowledging the debts, the clear wording of the settlement agreement not releasing the defendant, and the written acknowledgment within the limitation period collectively establish that the plaintiff is entitled to summary judgment and the defendant has no bona fide defence.

Court Disposition

summary judgment granted for the plaintiff

Orders

  • Defendant to pay €1,023,501.86 to the plaintiff