Allied Irish Bank Plc v Griffin (Approved) [2020] IECA 221 (04 August 2020)

Allied Irish Bank Plc v Griffin (Approved) [2020] IECA 221 (04 August 2020)

The defendant established an arguable factual basis for his claim that his liability was discharged in 2008 based on representations from the plaintiff, and the plaintiff failed to lay an evidential foundation for consideration underpinning the 2010 facility. Therefore, the defendant should be allowed to defend the proceedings at a plenary hearing.

Citation
[2020] IECA 221
Parties
Plaintiff/respondent: Allied Irish Bank Plc; Defendant/appellant: Gerard Griffin
Jurisdiction
Ireland
Judgment Date
04 August 2020
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
appeal allowed
Legal Topics
Summary Judgment, Consideration, Estoppel, Loan Agreements, Joint and Several Liability
Contract Law Banking Law Summary Judgment Consideration Estoppel Loan Agreements Joint and Several Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Allied Irish Bank Plc

Plaintiff/respondent

Gerard Griffin

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether the defendant has a fair or reasonable probability of a bona fide defence to the plaintiff's claim for repayment under a loan facility
  2. 2 Whether part payment and alleged representations by the plaintiff discharged the defendant's liability under the original loan
  3. 3 Whether there was valid consideration for the 2010 facility agreement

Ratio Decidendi

The defendant established an arguable factual basis for his claim that his liability was discharged in 2008 based on representations from the plaintiff, and the plaintiff failed to lay an evidential foundation for consideration underpinning the 2010 facility. Therefore, the defendant should be allowed to defend the proceedings at a plenary hearing.

Court Disposition

appeal allowed

Orders

  • Order refusing summary judgment substituted for High Court order
  • Case remitted to plenary hearing