Allied Irish Banks Plc v O'Brien [2018] IEHC 776 (12 December 2018)

Allied Irish Banks Plc v O'Brien [2018] IEHC 776 (12 December 2018)

The defendant failed to establish a defence with a fair or reasonable probability of success; the claims were not statute barred due to recent payments, no acceleration of obligations occurred, and the plaintiff remedied any omission regarding terms and conditions.

Citation
[2018] IEHC 776
Parties
Plaintiff: Allied Irish Banks Plc; Defendant: James O'Brien
Jurisdiction
Ireland
Judgment Date
12 December 2018
Procedural Posture
Summary Judgment Application / Judgment on Motion to Enter Summary Judgment
Outcome
judgment for the plaintiff
Legal Topics
Summary Judgment, Statute of Limitations, Loan Agreements, Defences to Debt Claims
Banking Law Contract Law Civil Procedure Summary Judgment Statute of Limitations Loan Agreements Defences to Debt Claims

Case Brief

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Parties

Allied Irish Banks Plc

Plaintiff

James O'Brien

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Motion to Enter Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred
  2. 2 Whether the defendant's obligations were accelerated
  3. 3 Whether the plaintiff failed to exhibit applicable terms and conditions

Ratio Decidendi

The defendant failed to establish a defence with a fair or reasonable probability of success; the claims were not statute barred due to recent payments, no acceleration of obligations occurred, and the plaintiff remedied any omission regarding terms and conditions.

Court Disposition

judgment for the plaintiff

Orders

  • Judgment entered for the plaintiff in the sum of €229,846.19 against the defendant