Dowling & ors v Minister for Finance [2013] IESC 58 (19 December 2013)

Dowling & ors v Minister for Finance [2013] IESC 58 (19 December 2013)

The correct test for joinder in proceedings under section 11 of the Credit Institutions (Stabilisation) Act 2010 is whether the party is directly affected by the outcome, analogous to the rules for judicial review. The appellants, as the relevant institution and its holding company, are directly affected by any order setting aside the Direction Order and are therefore entitled to be joined as full notice parties. The High Court erred in limiting their participation. Arguments based on EU law and delay do not preclude their joinder, as these are substantive issues for the main proceedings and the delay was not significant.

Citation
[2013] IESC 58
Parties
Applicants / Respondents: Gerard Dowling, Padraig McManus, Piotr Skoczylas and Scotchstone Capital Fund Ltd.; Respondent: Minister for Finance; Limited Notice Parties / Appellants: Permanent TSB Group Holdings plc and Permanent TSB plc
Jurisdiction
Ireland
Judgment Date
19 December 2013
Procedural Posture
Appeal / Supreme Court Appeal From High Court Order on Joinder and Participation Rights
Outcome
Appeal allowed; High Court order set aside to permit full participation of appellants as notice parties.
Legal Topics
Joinder of Parties, Judicial Review Analogues, Credit Institutions (stabilisation) Act 2010, Shareholder Rights, State Aid, Procedural Fairness
Administrative Law Banking Law Company Law EU Law Joinder of Parties Judicial Review Analogues Credit Institutions (stabilisation) Act 2010 Shareholder Rights +2 more

Case Brief

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Parties

Gerard Dowling, Padraig McManus, Piotr Skoczylas and Scotchstone Capital Fund Ltd.

Applicants / Respondents

Minister for Finance

Respondent

Permanent TSB Group Holdings plc and Permanent TSB plc

Limited Notice Parties / Appellants

Procedural Posture

Appeal / Supreme Court Appeal From High Court Order on Joinder and Participation Rights

Legal Issues

  1. 1 Whether the appellants (Permanent TSB Group Holdings plc and Permanent TSB plc) should be joined as full notice parties to proceedings seeking to set aside a Direction Order under the Credit Institutions (Stabilisation) Act 2010;
  2. 2 What is the correct legal test for joinder in proceedings of this nature;
  3. 3 Whether EU law precludes the company from participating contrary to EGM resolutions;

Ratio Decidendi

The correct test for joinder in proceedings under section 11 of the Credit Institutions (Stabilisation) Act 2010 is whether the party is directly affected by the outcome, analogous to the rules for judicial review. The appellants, as the relevant institution and its holding company, are directly affected by any order setting aside the Direction Order and are therefore entitled to be joined as full notice parties. The High Court erred in limiting their participation. Arguments based on EU law and delay do not preclude their joinder, as these are substantive issues for the main proceedings and the delay was not significant.

Court Disposition

Appeal allowed; High Court order set aside to permit full participation of appellants as notice parties.

Orders

  • Appellants (Permanent TSB Group Holdings plc and Permanent TSB plc) to be joined as full notice parties to the High Court proceedings without restriction on their participation.