Ulster Bank Ireland DAC v McDonagh & Ors (Unapproved) [2022] IECA 180 (28 July 2022)

Ulster Bank Ireland DAC v McDonagh & Ors (Unapproved) [2022] IECA 180 (28 July 2022)

Prior representation of a party by a judge when practising as a barrister, without additional relevant links to the issues in the case, does not constitute objective bias or require recusal. The application to set aside the judgment is without merit and is refused.

Citation
[2022] IECA 180
Parties
Plaintiff/respondent: Ulster Bank DAC; Plaintiff/respondent: Paul McCann; Plaintiff/respondent: Patrick Dillon; Defendant/appellant: Brian McDonagh; Defendant/appellant: Kenneth McDonagh; Defendant/appellant: Maurice McDonagh
Jurisdiction
Ireland
Judgment Date
28 July 2022
Procedural Posture
Civil Appeal / Post Judgment Motion to Set Aside Court of Appeal Decision
Outcome
application refused
Legal Topics
Objective Bias, Recusal, Judicial Impartiality
Civil Procedure Judicial Ethics Objective Bias Recusal Judicial Impartiality

Case Brief

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Parties

Ulster Bank DAC

Plaintiff/respondent

Paul McCann

Plaintiff/respondent

Patrick Dillon

Plaintiff/respondent

Brian McDonagh

Defendant/appellant

Kenneth McDonagh

Defendant/appellant

Maurice McDonagh

Defendant/appellant

Procedural Posture

Civil Appeal / Post Judgment Motion to Set Aside Court of Appeal Decision

Legal Issues

  1. 1 Whether a judge's prior representation of parties as a barrister constitutes objective bias requiring recusal or setting aside of judgment

Ratio Decidendi

Prior representation of a party by a judge when practising as a barrister, without additional relevant links to the issues in the case, does not constitute objective bias or require recusal. The application to set aside the judgment is without merit and is refused.

Court Disposition

application refused

Orders

  • Application to set aside the Court of Appeal judgment refused.
  • No referral to the Supreme Court or CJEU.