Beausang & anor -v- Irish Life and Permanent Plc & ors [2014] IEHC 1 (13 January 2014)

Beausang & anor -v- Irish Life and Permanent Plc & ors [2014] IEHC 1 (13 January 2014)

The court held that the plaintiffs' claims in deceit and conspiracy could not be said to be unsustainable at this stage and should not be struck out, as they raise complex factual and legal issues requiring full hearing. The claim for vicarious liability against Irish Life and Permanent Plc also raises significant issues and cannot be excluded at this stage. The claim for rescission, though prima facie barred by delay and acquiescence, should not be struck out as it may be sustained if equitable fraud is established at trial.

Citation
[2014] IEHC 1
Parties
Plaintiff: Thomas Beausang; Plaintiff: Alison Beausang; Defendant: Irish Life and Permanent Plc; Defendant: Denis O’Sullivan; Defendant: Michael Landers; Defendant: Redmond Kelly practising under the title of Moloney & McCourt Solicitors
Jurisdiction
Ireland
Judgment Date
13 January 2014
Procedural Posture
Civil / Interlocutory Motion to Strike Out Proceedings
Outcome
Application to strike out proceedings refused
Legal Topics
Deceit, Conspiracy, Vicarious Liability, Rescission, Fiduciary Duty, Breach of Contract
Tort Law Contract Law Equity Deceit Conspiracy Vicarious Liability Rescission Fiduciary Duty +1 more

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Parties

Thomas Beausang

Plaintiff

Alison Beausang

Plaintiff

Irish Life and Permanent Plc

Defendant

Denis O’Sullivan

Defendant

Michael Landers

Defendant

Redmond Kelly practising under the title of Moloney & McCourt Solicitors

Defendant

Procedural Posture

Civil / Interlocutory Motion to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiffs' claims in deceit and conspiracy are legally sustainable and should be struck out as unsustainable in law
  2. 2 Whether Irish Life and Permanent Plc can be vicariously liable for alleged torts of its employees
  3. 3 Whether the claim for rescission of the loan agreement should be struck out due to delay and acquiescence

Ratio Decidendi

The court held that the plaintiffs' claims in deceit and conspiracy could not be said to be unsustainable at this stage and should not be struck out, as they raise complex factual and legal issues requiring full hearing. The claim for vicarious liability against Irish Life and Permanent Plc also raises significant issues and cannot be excluded at this stage. The claim for rescission, though prima facie barred by delay and acquiescence, should not be struck out as it may be sustained if equitable fraud is established at trial.

Court Disposition

Application to strike out proceedings refused

Orders

  • Claims in deceit and conspiracy to proceed to full hearing
  • Claim for vicarious liability against Irish Life and Permanent Plc not struck out