McKeown and AIB Group (UK) Plc [2023] NICh 8 (07 June 2023)

McKeown and AIB Group (UK) Plc [2023] NICh 8 (07 June 2023)

Claims relating to events in 2006 and 2007 are statute barred and compromised, and must be struck out; claims relating to events in 2012 and thereafter are arguable and should proceed to trial; issues from 2006 and 2007 may be raised in defence to the Bank's counterclaim; summary judgment on the counterclaim is...

Source-derived case information.

Citation
[2023] NICh 8
Parties
Plaintiff/respondent: Henry McKeown; Plaintiff/respondent: Amanda McKeown; Defendant/appellant: AIB Group (UK) PLC
Jurisdiction
Northern Ireland
Judgment Date
07 June 2023
Procedural Posture
Appeal / Interlocutory Application (strike Out and Summary Judgment)
Outcome
Application to strike out plaintiffs' claims relating to 2006 and 2007 granted; application to strike out claims relating to 2012 and thereafter refused; application for summary judgment on counterclaim refused.
Legal Topics
Mortgage Lending, Fiduciary Duty, Negligence, Statutory Duty, Strike Out Applications, Summary Judgment, Mortgage Conduct of Business Rules, Pre Action Protocol
Banking Law Contract Law Tort Law Civil Procedure Mortgage Lending Fiduciary Duty Negligence Statutory Duty +4 more

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Parties

Henry McKeown

Plaintiff/respondent

Amanda McKeown

Plaintiff/respondent

AIB Group (UK) PLC

Defendant/appellant

Procedural Posture

Appeal / Interlocutory Application (strike Out and Summary Judgment)

Legal Issues

  1. 1 Whether the plaintiffs' claims relating to events in 2006 and 2007 are statute barred and/or compromised
  2. 2 Whether the plaintiffs' claims relating to events in 2012 and thereafter disclose an arguable cause of action
  3. 3 Whether the Bank owed a fiduciary duty or duty in negligence to the plaintiffs

Ratio Decidendi

Claims relating to events in 2006 and 2007 are statute barred and compromised, and must be struck out; claims relating to events in 2012 and thereafter are arguable and should proceed to trial; issues from 2006 and 2007 may be raised in defence to the Bank's counterclaim; summary judgment on the counterclaim is refused.

Court Disposition

Application to strike out plaintiffs' claims relating to 2006 and 2007 granted; application to strike out claims relating to 2012 and thereafter refused; application for summary judgment on counterclaim refused.

Orders

  • Claims relating to events of 2006 and 2007 struck out (statement of claim para 20 (a)-(k) and 'Particulars of Breach of Statutory Duty' paras (a)-(f))
  • Claims relating to events of 2012 and thereafter to proceed