O'Donoghue -v- Allied Irish Banks plc & Ors [2017] IECA 177 (14 June 2017)

O'Donoghue -v- Allied Irish Banks plc & Ors [2017] IECA 177 (14 June 2017)

The plaintiff’s claim is non-justiciable as it concerns a political controversy regarding government policy for which there are no cognisable legal standards; the State’s power to dispose of its shareholding is implicit in the Constitution, and no cause of action known to law is disclosed.

Citation
[2017] IECA 177
Parties
Plaintiff/appellant: Vincent O’Donoghue; Defendant/respondent: Allied Irish Banks plc; Defendant/respondent: The Minister for Finance; Defendant/respondent: Government of Ireland; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
14 June 2017
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Striking Out Proceedings and Refusing Interlocutory Relief
Outcome
appeal dismissed
Legal Topics
Justiciability, State Property, Government Shareholding, Macro Economic Policy, Interlocutory Injunctions
Constitutional Law Administrative Law Banking Law Justiciability State Property Government Shareholding Macro Economic Policy Interlocutory Injunctions

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Parties

Vincent O’Donoghue

Plaintiff/appellant

Allied Irish Banks plc

Defendant/respondent

The Minister for Finance

Defendant/respondent

Government of Ireland

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Striking Out Proceedings and Refusing Interlocutory Relief

Legal Issues

  1. 1 Whether the Government's decision to dispose of part of its shareholding in AIB is justiciable
  2. 2 Whether the disposal is contrary to the common good under Article 6 of the Constitution
  3. 3 Whether the plaintiff disclosed any cause of action known to law

Ratio Decidendi

The plaintiff’s claim is non-justiciable as it concerns a political controversy regarding government policy for which there are no cognisable legal standards; the State’s power to dispose of its shareholding is implicit in the Constitution, and no cause of action known to law is disclosed.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court striking out proceedings against all defendants affirmed
  • Order refusing interlocutory relief affirmed