Allied Irish Bank PLC -v- Counihan & anor [2016] IEHC 752 (21 December 2016)

Allied Irish Bank PLC -v- Counihan & anor [2016] IEHC 752 (21 December 2016)

The court finds that the defendants have raised an arguable defence based on alleged promissory estoppel and potential consumer protection issues, and therefore the matter should proceed to plenary hearing rather than summary judgment.

Citation
[2016] IEHC 752
Parties
Plaintiff: Allied Irish Banks PLC; Defendant: Peter Counihan; Defendant: Mary Counihan
Jurisdiction
Ireland
Judgment Date
21 December 2016
Procedural Posture
Summary Judgment Application / Decision on Leave to Defend
Outcome
summary judgment refused; matter sent to plenary hearing
Legal Topics
Summary Judgment, Unfair Contract Terms, Promissory Estoppel, Consumer Credit
Banking Law Consumer Protection Contract Law Summary Judgment Unfair Contract Terms Promissory Estoppel Consumer Credit

Case Brief

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Parties

Allied Irish Banks PLC

Plaintiff

Peter Counihan

Defendant

Mary Counihan

Defendant

Procedural Posture

Summary Judgment Application / Decision on Leave to Defend

Legal Issues

  1. 1 Whether the defendants are consumers under the Consumer Credit Act 1995 and the Unfair Terms in Consumer Contracts Regulations 1995
  2. 2 Whether any terms of the loan agreement are unfair and not binding under the Regulations
  3. 3 Whether promissory estoppel prevents enforcement of the loan agreement

Ratio Decidendi

The court finds that the defendants have raised an arguable defence based on alleged promissory estoppel and potential consumer protection issues, and therefore the matter should proceed to plenary hearing rather than summary judgment.

Court Disposition

summary judgment refused; matter sent to plenary hearing

Orders

  • Leave to defend granted; application for summary judgment refused