Bank of Scotland Ltd v Fergus [2019] IESC 91 (18 December 2019)

Bank of Scotland Ltd v Fergus [2019] IESC 91 (18 December 2019)

The Supreme Court held that the trial judge was entitled to admit the evidence of Mr. Moroney, as the procedural irregularity did not cause prejudice and was addressed by appropriate directions; the guarantee of 1st June 2006 was valid and enforceable as a continuing guarantee covering all present and future liabilities, and typographical errors or post-execution additions did not invalidate it; the Bank established its claim on the balance of probabilities and the appeal was dismissed.

Citation
[2019] IESC 91
Parties
Plaintiff/respondent: Bank of Scotland PLC; Defendant/appellant: Charles (otherwise Charlie) Fergus
Jurisdiction
Ireland
Judgment Date
18 December 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Guarantee Enforcement, Admissibility of Evidence, Statute of Frauds, Case Management, Res Judicata
Banking Law Contract Law Civil Procedure Guarantee Enforcement Admissibility of Evidence Statute of Frauds Case Management Res Judicata

Case Brief

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Parties

Bank of Scotland PLC

Plaintiff/respondent

Charles (otherwise Charlie) Fergus

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court erred in admitting evidence from a witness for the Bank who had not filed a pre-trial witness statement and was not an employee at the time of trial
  2. 2 Whether the guarantee dated 1st June 2006 was valid and enforceable against the appellant
  3. 3 Whether the guarantee was a continuing guarantee covering all present and future liabilities

Ratio Decidendi

The Supreme Court held that the trial judge was entitled to admit the evidence of Mr. Moroney, as the procedural irregularity did not cause prejudice and was addressed by appropriate directions; the guarantee of 1st June 2006 was valid and enforceable as a continuing guarantee covering all present and future liabilities, and typographical errors or post-execution additions did not invalidate it; the Bank established its claim on the balance of probabilities and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Judgment for the Bank of Scotland PLC in the amount of €9,211,764
  • Costs awarded to the Bank for the application for summary judgment