ACC Loan Management Ltd -v- Sheehan [2016] IECA 343 (21 November 2016)

ACC Loan Management Ltd -v- Sheehan [2016] IECA 343 (21 November 2016)

The defendant has established an arguable defence based on the bank's own precondition for independent legal advice prior to execution of the guarantee, which was unilaterally waived by the bank. This issue requires determination at plenary hearing and precludes summary judgment.

Citation
[2016] IECA 343
Parties
Plaintiff/appellant: ACC Loan Management Limited; Defendant/respondent: Gerard Sheehan
Jurisdiction
Ireland
Judgment Date
21 November 2016
Procedural Posture
Appeal / Judgment on Appeal Against High Court Order Refusing Summary Judgment and Directing Plenary Hearing
Outcome
appeal dismissed
Legal Topics
Guarantee Enforcement, Independent Legal Advice, Summary Judgment, Plenary Hearing, Waiver of Legal Advice Requirement
Contract Law Banking Law Guarantee Enforcement Independent Legal Advice Summary Judgment Plenary Hearing Waiver of Legal Advice Requirement

Case Brief

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Parties

ACC Loan Management Limited

Plaintiff/appellant

Gerard Sheehan

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against High Court Order Refusing Summary Judgment and Directing Plenary Hearing

Legal Issues

  1. 1 Whether the absence or inadequacy of independent legal advice renders the guarantee unenforceable
  2. 2 Whether the bank's unilateral waiver of its own requirement for independent legal advice affects enforceability
  3. 3 Whether the defendant has an arguable defence to summary judgment based on lack of independent legal advice

Ratio Decidendi

The defendant has established an arguable defence based on the bank's own precondition for independent legal advice prior to execution of the guarantee, which was unilaterally waived by the bank. This issue requires determination at plenary hearing and precludes summary judgment.

Court Disposition

appeal dismissed

Orders

  • Case to proceed to plenary hearing confined to the issue of independent legal advice and its adequacy; defence of undue influence excluded.