Royal Bank Of Scotland Plc v Haughey & Ors [2008] ScotCS CSOH_142 (06 October 2008)

Royal Bank Of Scotland Plc v Haughey & Ors [2008] ScotCS CSOH_142 (06 October 2008)

Averments concerning fraudulent conduct by Dominic Keane involving parties other than the first defender, and the pursuers' knowledge thereof, are not sufficiently pertinent or directly relevant to the issues in this case and should be excluded from probation, except where they can be amended to focus solely on the partnership account and the first defender.

Citation
[2008] ScotCS CSOH_142
Parties
Pursuer: The Royal Bank of Scotland Plc; First Defender: William Haughey; Second Defender: John McGuinness; Third Defender: Dominic Keane
Jurisdiction
Scotland
Judgment Date
06 October 2008
Procedural Posture
Civil (debt Recovery) / Interlocutory (debate on Pleadings)
Outcome
Averments relating to the wider Keane connection and frauds against third parties excluded from probation, with limited scope for amendment to focus on the partnership account.
Legal Topics
Relevancy of Pleadings, Specification of Averments, Fraud, Banking Practice, Joint and Several Liability
Civil Procedure Banking Law Relevancy of Pleadings Specification of Averments Fraud Banking Practice Joint and Several Liability

Case Brief

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Parties

The Royal Bank of Scotland Plc

Pursuer

William Haughey

First Defender

John McGuinness

Second Defender

Dominic Keane

Third Defender

Procedural Posture

Civil (debt Recovery) / Interlocutory (debate on Pleadings)

Legal Issues

  1. 1 Whether averments relating to alleged fraudulent conduct by Dominic Keane involving parties other than the first defender are relevant to the present action
  2. 2 Whether the pleadings regarding the pursuers' knowledge of fraud and banking practices should be allowed to proceed to proof

Ratio Decidendi

Averments concerning fraudulent conduct by Dominic Keane involving parties other than the first defender, and the pursuers' knowledge thereof, are not sufficiently pertinent or directly relevant to the issues in this case and should be excluded from probation, except where they can be amended to focus solely on the partnership account and the first defender.

Court Disposition

Averments relating to the wider Keane connection and frauds against third parties excluded from probation, with limited scope for amendment to focus on the partnership account.

Orders

  • Exclusion from probation of specified averments in Answer 3 as detailed in the judgment, except for limited amendments to allow focus on the partnership account and first defender.