Bank of Ireland -v- Flanagan & anor [2015] IECA 56 (19 March 2015)

Bank of Ireland -v- Flanagan & anor [2015] IECA 56 (19 March 2015)

None of the grounds advanced by the appellants amounted to a bona fide prima facie defence to the Bank's claim for repayment of the loan facilities. The Bank was entitled to summary judgment as the appellants failed to demonstrate any arguable defence in law or fact.

Citation
[2015] IECA 56
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Defendant/appellant: John Flanagan; Defendant/appellant: Gerard Lillis
Jurisdiction
Ireland
Judgment Date
19 March 2015
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Loan Facility Agreements, Summary Judgment, Defences to Loan Claims, Event of Default, Security for Loans
Banking Law Contract Law Loan Facility Agreements Summary Judgment Defences to Loan Claims Event of Default Security for Loans

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

John Flanagan

Defendant/appellant

Gerard Lillis

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether appellants raised a bona fide prima facie defence to the Bank's claim for repayment of loan facilities
  2. 2 Whether the absence of a deed of covenant in respect of a liquor licence constitutes a defence
  3. 3 Whether continued negotiations after signing facility letter invalidated the contract

Ratio Decidendi

None of the grounds advanced by the appellants amounted to a bona fide prima facie defence to the Bank's claim for repayment of the loan facilities. The Bank was entitled to summary judgment as the appellants failed to demonstrate any arguable defence in law or fact.

Court Disposition

appeal dismissed

Orders

  • Judgment for the Bank for €1,743,896.15 plus accruing interest
  • No adjournment to plenary hearing