Ulster Bank DAC & ors v McDonagh & ors (No.2) (Approved) [2020] IEHC 311 (23 June 2020)

Ulster Bank DAC & ors v McDonagh & ors (No.2) (Approved) [2020] IEHC 311 (23 June 2020)

The McDonaghs failed to provide evidence that CBRE was negligent or a concurrent wrongdoer, or that CBRE's actions caused the non-repayment of the loan. Therefore, s.17(2) of the Civil Liability Act 1961 does not relieve the McDonaghs of liability. The appointment of joint receivers was valid under the mortgage and relevant case law.

Citation
[2020] IEHC 311
Parties
Plaintiff: Ulster Bank DAC; Plaintiff: Paul McCann; Plaintiff: Patrick Dillon; Defendant: Brian McDonagh; Defendant: Kenneth McDonagh; Defendant: Maurice McDonagh
Jurisdiction
Ireland
Judgment Date
23 June 2020
Procedural Posture
Commercial / Post Judgment Supplemental Ruling
Outcome
Judgment for the plaintiffs
Legal Topics
Concurrent Wrongdoers, Civil Liability, Negligence, Appointment of Receivers, Loan Default, Settlement Agreements
Banking Law Contract Law Tort Law Concurrent Wrongdoers Civil Liability Negligence Appointment of Receivers Loan Default +1 more

Case Brief

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Parties

Ulster Bank DAC

Plaintiff

Paul McCann

Plaintiff

Patrick Dillon

Plaintiff

Brian McDonagh

Defendant

Kenneth McDonagh

Defendant

Maurice McDonagh

Defendant

Procedural Posture

Commercial / Post Judgment Supplemental Ruling

Legal Issues

  1. 1 Whether CBRE was a concurrent wrongdoer under s.17(2) Civil Liability Act 1961 in relation to the unpaid loan
  2. 2 Whether Ulster Bank's settlement with CBRE reduces the McDonaghs' liability for the unpaid loan
  3. 3 Validity of the appointment of joint receivers over the Kilpeddar site

Ratio Decidendi

The McDonaghs failed to provide evidence that CBRE was negligent or a concurrent wrongdoer, or that CBRE's actions caused the non-repayment of the loan. Therefore, s.17(2) of the Civil Liability Act 1961 does not relieve the McDonaghs of liability. The appointment of joint receivers was valid under the mortgage and relevant case law.

Court Disposition

Judgment for the plaintiffs

Orders

  • Ulster Bank entitled to judgment for the outstanding loan amount without deduction under s.17(2) Civil Liability Act 1961
  • Declaration that the receivers stand validly appointed as joint receivers over the Kilpeddar site