Danske Bank -v- Connotes Ltd & anor [2016] IEHC 183 (12 April 2016)

The second defendant has no arguable defence to the plaintiff's claim under the guarantee, which covers all liabilities including subsequent loans, and the transfer of banking business was valid; summary judgment is appropriate.

Citation: [2016] IEHC 183
Parties: Plaintiff: Danske Bank A/S; Defendant: Connotes Limited; Defendant: Seán McElvaney
Jurisdiction: Ireland
Judgment Date: 12 April 2016
Procedural Posture: Summary Judgment Application / Judgment
Outcome: Summary judgment granted for the plaintiff against the second defendant.
Legal Topics: Guarantees, Summary Judgment, Statute of Limitations, Transfer of Banking Business, Non Est Factum

Banking Law Contract Law Guarantees Summary Judgment Statute of Limitations Transfer of Banking Business Non Est Factum

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3

Parties

Danske Bank A/S

Plaintiff

Connotes Limited

Defendant

Seán McElvaney

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

1 Whether the second defendant has an arguable defence to the claim under the guarantee
2 Whether the guarantee covers the liabilities arising from subsequent loans
3 Whether the claim is statute barred

Ratio Decidendi

Court Disposition

Summary judgment granted for the plaintiff against the second defendant.

Orders

Plaintiff is entitled to judgment for €6,397,301.64 against the second defendant.
Credit given for €815,033 and €10,569 received from receivership.