Bunting & Excel - A Rate Business Services Ltd v Blaney & Anor [2025] NICA 73 (18 December 2025)

Bunting & Excel - A Rate Business Services Ltd v Blaney & Anor [2025] NICA 73 (18 December 2025)

The Court of Appeal upheld the trial judge's finding that Carmel Blaney has a 35% beneficial interest in the premises under a common intention constructive trust, based on her contributions and the parties' dealings. The court found no error in the trial judge's assessment of evidence or application of legal principles. The order for sale of the premises with an eight-week stay was affirmed. The court determined that Excel's entitlement to a money judgment against Carmel Blaney on the personal guarantees required further inquiry and was not conclusively resolved in this appeal. The court confirmed that the mortgages and Deed of Consent and Postponement were vitiated by undue influence...

Citation
[2025] NICA 73
Parties
Plaintiff/respondent: Robert Bunting; Plaintiff/respondent/cross Appellant: Excel–A–Rate Business Services Limited; First Defendant: Eamon Blaney; Second Defendant/appellant: Carmel Blaney
Jurisdiction
Northern Ireland
Judgment Date
18 December 2025
Procedural Posture
Civil Appeal (property/commercial) / Court of Appeal Judgment on Appeal From High Court (commercial List)
Outcome
Appeal dismissed; cross-appeal (respondent's notice) partially unresolved and remitted for further inquiry.
Legal Topics
Constructive Trusts, Beneficial Interest, Undue Influence, Personal Guarantees, Mortgage Enforcement, Priority of Interests, Partition and Sale, Appellate Review
Property Law Equity and Trusts Commercial Law Banking and Finance Constructive Trusts Beneficial Interest Undue Influence Personal Guarantees +4 more

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Parties

Robert Bunting

Plaintiff/respondent

Excel–A–Rate Business Services Limited

Plaintiff/respondent/cross Appellant

Eamon Blaney

First Defendant

Carmel Blaney

Second Defendant/appellant

Procedural Posture

Civil Appeal (property/commercial) / Court of Appeal Judgment on Appeal From High Court (commercial List)

Legal Issues

  1. 1 Whether Carmel Blaney has a beneficial interest in 35 Ardenlee Avenue, Belfast, and its extent
  2. 2 Whether such interest ranks in priority to the interests of Robert Bunting and/or Excel–A–Rate Business Services Limited
  3. 3 Whether Excel is entitled to a money judgment against Carmel Blaney in respect of ten personal guarantees

Ratio Decidendi

The Court of Appeal upheld the trial judge's finding that Carmel Blaney has a 35% beneficial interest in the premises under a common intention constructive trust, based on her contributions and the parties' dealings. The court found no error in the trial judge's assessment of evidence or application of legal principles. The order for sale of the premises with an eight-week stay was affirmed. The court determined that Excel's entitlement to a money judgment against Carmel Blaney on the personal guarantees required further inquiry and was not conclusively resolved in this appeal. The court confirmed that the mortgages and Deed of Consent and Postponement were vitiated by undue influence...

Court Disposition

Appeal dismissed; cross-appeal (respondent's notice) partially unresolved and remitted for further inquiry.

Orders

  • Carmel Blaney's beneficial interest in the premises is 35%; Eamon Blaney (and his trustee in bankruptcy) holds 65%.
  • Order for sale of 35 Ardenlee Avenue, Belfast, in lieu of partition, with an eight-week stay to allow alternative accommodation.