Fannon v Ulster Bank Ireland DAC & Ors (Approved) [2024] IECA 51 (06 March 2024)

Fannon v Ulster Bank Ireland DAC & Ors (Approved) [2024] IECA 51 (06 March 2024)

Ulster Bank's appeal to dismiss contract and negligence claims fails because Ulster did not provide evidence of an absolute assignment and the claims concern acts or omissions prior to assignment; such claims are not clearly bound to fail and may be maintained against the assignor. However, the defamation and trespass claims against Ulster are unstateable and unsustainable as pleaded and must be dismissed.

Citation
[2024] IECA 51
Parties
Plaintiff/respondent: Eoin Fannon; Defendant: Tom O'Brien; Defendant: Promontoria (Oyster) DAC; Defendant/appellant: Ulster Bank Ireland DAC
Jurisdiction
Ireland
Judgment Date
06 March 2024
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed in part, allowed in part
Legal Topics
Assignment of Debt, Duty of Care, Statute of Limitations, Repayment Agreements, Mortgage Enforcement, Joinder of Parties, Discovery Procedures
Contract Law Tort Law Defamation Property Law Banking Law Assignment of Debt Duty of Care Statute of Limitations +4 more

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Parties

Eoin Fannon

Plaintiff/respondent

Tom O'Brien

Defendant

Promontoria (Oyster) DAC

Defendant

Ulster Bank Ireland DAC

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether claims against Ulster Bank survive assignment of loan and mortgage to Promontoria
  2. 2 Whether Ulster Bank owed a duty of care to the plaintiff regarding information provided to assignee
  3. 3 Whether defamation and trespass claims against Ulster Bank are stateable or statute barred

Ratio Decidendi

Ulster Bank's appeal to dismiss contract and negligence claims fails because Ulster did not provide evidence of an absolute assignment and the claims concern acts or omissions prior to assignment; such claims are not clearly bound to fail and may be maintained against the assignor. However, the defamation and trespass claims against Ulster are unstateable and unsustainable as pleaded and must be dismissed.

Court Disposition

Appeal dismissed in part, allowed in part

Orders

  • Ulster Bank's appeal dismissed regarding contract and negligence claims
  • Ulster Bank's appeal allowed regarding defamation and trespass claims; those claims dismissed