Crowe & Anor v Danske Bank & Ors (Approved) [2024] IECA 29 (07 February 2024)

Crowe & Anor v Danske Bank & Ors (Approved) [2024] IECA 29 (07 February 2024)

The appeal was dismissed because the Crowes' statement of claim failed to disclose any cause of action known to law against the Bank, despite multiple opportunities and legal representation. The High Court's decision to strike out the proceedings was a proportionate response to persistent and serious procedural failures, and the judge was entitled to raise relevant legal authorities on her own motion.

Citation
[2024] IECA 29
Parties
Plaintiff/appellant: Declan Crowe; Plaintiff/appellant: Marian Crowe; Defendant/respondent: Danske Bank; Co Defendant: KBG Chartered Accountants; Co Defendant: Kieran Brady; Co Defendant: Patrick Keaveney; Co Defendant: Mark Reilly
Jurisdiction
Ireland
Judgment Date
07 February 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Striking Out Proceedings, Failure to Disclose Cause of Action, Proportionality, Fiduciary Duty, Duty of Care, Procedural Compliance
Civil Procedure Banking Law Striking Out Proceedings Failure to Disclose Cause of Action Proportionality Fiduciary Duty Duty of Care Procedural Compliance

Case Brief

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Parties

Declan Crowe

Plaintiff/appellant

Marian Crowe

Plaintiff/appellant

Danske Bank

Defendant/respondent

KBG Chartered Accountants

Co Defendant

Kieran Brady

Co Defendant

Patrick Keaveney

Co Defendant

Mark Reilly

Co Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiffs' statement of claim disclosed a cause of action known to law against the Bank
  2. 2 Whether the High Court's decision to strike out the proceedings was proportionate
  3. 3 Whether the High Court judge erred by raising legal authorities on her own motion

Ratio Decidendi

The appeal was dismissed because the Crowes' statement of claim failed to disclose any cause of action known to law against the Bank, despite multiple opportunities and legal representation. The High Court's decision to strike out the proceedings was a proportionate response to persistent and serious procedural failures, and the judge was entitled to raise relevant legal authorities on her own motion.

Court Disposition

appeal dismissed

Orders

  • Crowes' claim against Danske Bank struck out
  • Crowes to pay Bank's costs of the application