The Governor and Company of The Bank of Ireland v Balford Construction Ltd (Approved) [2022] IECA 273 (30 November 2022)

The Governor and Company of The Bank of Ireland v Balford Construction Ltd (Approved) [2022] IECA 273 (30 November 2022)

The appellant failed to demonstrate any error of law or fact in the Court of Appeal's previous judgment or any denial of constitutional justice. The application sought to revisit the merits of the case rather than engage the exceptional jurisdiction for review, and did not meet the high threshold required.

Citation
[2022] IECA 273
Parties
Plaintiff/respondent: The Governor and Company of The Bank of Ireland; Defendant/appellant: Balford Construction Limited
Jurisdiction
Ireland
Judgment Date
30 November 2022
Procedural Posture
Civil Appeal / Application for Review of Court of Appeal Judgment
Outcome
application refused
Legal Topics
Review of Judgments, Finality of Judgments, Exceptional Jurisdiction, Constitutional Justice, Case Management Orders
Civil Procedure Constitutional Law Review of Judgments Finality of Judgments Exceptional Jurisdiction Constitutional Justice Case Management Orders

Case Brief

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Parties

The Governor and Company of The Bank of Ireland

Plaintiff/respondent

Balford Construction Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal should review or set aside its previous judgment under its exceptional jurisdiction
  2. 2 Whether the appellant demonstrated a denial of constitutional justice or fundamental error justifying review

Ratio Decidendi

The appellant failed to demonstrate any error of law or fact in the Court of Appeal's previous judgment or any denial of constitutional justice. The application sought to revisit the merits of the case rather than engage the exceptional jurisdiction for review, and did not meet the high threshold required.

Court Disposition

application refused

Orders

  • Application for review of the Court of Appeal judgment is refused.