Allied Irish Banks Plc & Anor v Boyd & Anor (Approved) [2023] IECA 318 (21 December 2023)

Allied Irish Banks Plc & Anor v Boyd & Anor (Approved) [2023] IECA 318 (21 December 2023)

The combination of factors relied upon by the appellant (complaint to FSPO, mediation, procedural difficulties after death, Covid-19 restrictions, O'Malley judgment) did not cumulatively amount to special circumstances justifying renewal of the summons. The unexplained delay after the grant of probate and lack of...

Source-derived case information.

Citation
[2023] IECA 318
Parties
Plaintiff/appellant: Allied Irish Banks Plc; Plaintiff/appellant: Everyday Finance Designated Activity Company; Defendant/respondent: Michael Boyd; Defendant/respondent: John Boyd
Jurisdiction
Ireland
Judgment Date
21 December 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Renewal of Summons, Statute of Limitations, Special Circumstances, Procedural Delay, Summary Judgment, Estate Administration
Civil Procedure Banking Law Estate Litigation Renewal of Summons Statute of Limitations Special Circumstances Procedural Delay Summary Judgment +1 more

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Parties

Allied Irish Banks Plc

Plaintiff/appellant

Everyday Finance Designated Activity Company

Plaintiff/appellant

Michael Boyd

Defendant/respondent

John Boyd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether special circumstances justified renewal of a summary summons under O.8, r.4 of the Rules of the Superior Courts
  2. 2 Whether cumulative factors (complaint to FSPO, mediation, death of defendant, Covid-19 restrictions, O'Malley judgment) amount to special circumstances
  3. 3 Whether interests of justice require renewal of the summons

Ratio Decidendi

The combination of factors relied upon by the appellant (complaint to FSPO, mediation, procedural difficulties after death, Covid-19 restrictions, O'Malley judgment) did not cumulatively amount to special circumstances justifying renewal of the summons. The unexplained delay after the grant of probate and lack of concrete evidence for the alleged 'hold' on proceedings were fatal to the application. The interests of justice did not override the absence of special circumstances.

Court Disposition

Appeal dismissed

Orders

  • Order for renewal of summary summons set aside
  • No extension granted for renewal of summons