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 it did not provide evidence of absolute assignment and the claims are not clearly bound to fail; however, the defamation and trespass claims against Ulster are unstateable and unsustainable and should 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 respect of contract and negligence claims; appeal allowed in respect of defamation and trespass claims.
Legal Topics
Assignment of Debt, Negligence, Breach of Contract, Defamation, Trespass, Statute of Limitations, Mortgage Enforcement
Contract Law Tort Law Defamation Law Property Law Assignment of Debt Negligence Breach of Contract Defamation +3 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 it did not provide evidence of absolute assignment and the claims are not clearly bound to fail; however, the defamation and trespass claims against Ulster are unstateable and unsustainable and should be dismissed.

Court Disposition

Appeal dismissed in respect of contract and negligence claims; appeal allowed in respect of defamation and trespass claims.

Orders

  • Contract and negligence claims against Ulster Bank to proceed.
  • Defamation and trespass claims against Ulster Bank dismissed.