Bank of Ireland Mortgage Bank v Murray & anor (Approved) [2025] IESC 24 (04 June 2025)
The Bank established unjust enrichment against Mr Murray, who was enriched at the Bank's expense due to a fundamental mistake. No valid defence (wrongdoing, public policy, change of position) was proven. Restitution is ordered.
- Citation
- [2025] IESC 24
- Parties
- Plaintiff/respondent: Bank of Ireland Mortgage Bank U.C.; Defendant/appellant: Brian Murray; Defendant: Attracta Murray
- Jurisdiction
- Ireland
- Judgment Date
- 04 June 2025
- Procedural Posture
- Appeal / Supreme Court Judgment
- Outcome
- Appeal dismissed; orders of Court of Appeal affirmed.
- Legal Topics
- Unjust Enrichment, Mistake, Change of Position Defence, Public Policy, Consumer Credit Act 1995
Case Brief
Summary, issues, holding and outcome
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Parties
Bank of Ireland Mortgage Bank U.C.
Plaintiff/respondent
Brian Murray
Defendant/appellant
Attracta Murray
Defendant
Procedural Posture
Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether Mr Murray is liable in unjust enrichment to the Bank for monies advanced under a loan made in mistake
- 2 Whether any defence (wrongdoing by Bank, public policy, change of position) bars restitution
Ratio Decidendi
The Bank established unjust enrichment against Mr Murray, who was enriched at the Bank's expense due to a fundamental mistake. No valid defence (wrongdoing, public policy, change of position) was proven. Restitution is ordered.
Court Disposition
Appeal dismissed; orders of Court of Appeal affirmed.
Orders
- Mr Murray to make restitution to the Bank for the monies advanced under the 2007 loan.
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