vico Ltd & ors -v- Bank of Ireland & ors [2016] IECA 273 (12 October 2016)

vico Ltd & ors -v- Bank of Ireland & ors [2016] IECA 273 (12 October 2016)

The Court of Appeal held that all claims advanced by the plaintiffs, including Vico Limited, were either raised or could have been raised in the prior Gorse Hill proceedings. There was a sufficient degree of identity between Vico Limited and the O’Donnell Children to apply the Henderson v. Henderson rule. No new evidence of fraud was presented, and the High Court judge correctly refused to recuse himself. The appeal was dismissed and the proceedings struck out as an abuse of process.

Citation
[2016] IECA 273
Parties
Appellant/plaintiff: Vico Limited; Appellant/plaintiff: Alexandra O’Donnell; Appellant/plaintiff: Blaise O’Donnell; Appellant/plaintiff: Bruce O’Donnell; Appellant/plaintiff: Blake O’Donnell; Respondent/defendant: The Governor and Company of the Bank of Ireland; Respondent/defendant: Bank of Ireland Private Banking Limited; Respondent/defendant: Tom Kavanagh; Respondent/defendant: David Harris; Respondent/defendant: Gary Hepburn; Respondent/defendant: Declan Kenny; Respondent/defendant: Kevin Bromley; Respondent/defendant: Katherine Georgina Harding; Respondent/defendant: Elaine Higgins; Respondent/defendant: Gethin Taylor; Respondent/defendant: Lyndsey Ludgate; Respondent/defendant: Keith Jones; Respondent/defendant: First Names Trust Company (Isle of Man) Limited; Respondent/defendant: Chancery Trustees Limited
Jurisdiction
Ireland
Judgment Date
12 October 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Res Judicata, Abuse of Process, Henderson V. Henderson Rule, Company Guarantees, Mortgage Enforcement, Recusal of Judge
Civil Procedure Banking Law Company Law Res Judicata Abuse of Process Henderson V. Henderson Rule Company Guarantees Mortgage Enforcement +1 more

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Parties

Vico Limited

Appellant/plaintiff

Alexandra O’Donnell

Appellant/plaintiff

Blaise O’Donnell

Appellant/plaintiff

Bruce O’Donnell

Appellant/plaintiff

Blake O’Donnell

Appellant/plaintiff

The Governor and Company of the Bank of Ireland

Respondent/defendant

Bank of Ireland Private Banking Limited

Respondent/defendant

Tom Kavanagh

Respondent/defendant

David Harris

Respondent/defendant

Gary Hepburn

Respondent/defendant

Declan Kenny

Respondent/defendant

Kevin Bromley

Respondent/defendant

Katherine Georgina Harding

Respondent/defendant

Elaine Higgins

Respondent/defendant

Gethin Taylor

Respondent/defendant

Lyndsey Ludgate

Respondent/defendant

Keith Jones

Respondent/defendant

First Names Trust Company (Isle of Man) Limited

Respondent/defendant

Chancery Trustees Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiffs' claims are barred by res judicata or abuse of process due to prior litigation (the Gorse Hill proceedings)
  2. 2 Whether Vico Limited, not a party to the prior proceedings, is precluded from raising claims now
  3. 3 Whether the High Court judge erred in refusing to recuse himself

Ratio Decidendi

The Court of Appeal held that all claims advanced by the plaintiffs, including Vico Limited, were either raised or could have been raised in the prior Gorse Hill proceedings. There was a sufficient degree of identity between Vico Limited and the O’Donnell Children to apply the Henderson v. Henderson rule. No new evidence of fraud was presented, and the High Court judge correctly refused to recuse himself. The appeal was dismissed and the proceedings struck out as an abuse of process.

Court Disposition

appeal dismissed

Orders

  • Proceedings struck out as an abuse of process
  • Lis pendens vacated