Cantrell -v- Allied Irish Banks

• Jurisdiction: Ireland
• Judge: O'Donnell J.,Charleton J.,Irvine J.
• Judgment Date: 12 June 2020
• Neutral Citation: [2020] IESCDET 69
• Date: 12 June 2020
• Court: Supreme Court
• Docket Number: S:AP:IE:2020:000011 2014 6901 P (2015 115 COM).

BETWEEN

GERALDINE CANTRELL

PLAINTIFF

AND

ALLIED IRISH BANKS PLC, THE SECOND BELFRY PROPERTIES (U.K.) PLC, TULLAMONA LIMITED, THE FOURTH BELFRY PROPERTIES (U.K.) PLC, LEYALLY LIMITED, THE FIFTH BELFRY PROPERTIES (U.K.) PLC, MONSAL LIMITED, B.D.O (A FIRM), SEAN HENNEBERRY, TONY KILDUFF, WILLIAM LEDWIDGE, JOHN ROCKETT, JOHN ROGER WILKINSON, ANN BLACKMORE

AND

ESSEX TRUST LIMITED

DEFENDANTS

and the following seven sets of proceedings

1. bearing High Court Record Number 2014 No. 6899 P and entitled as between

LAURENCE MCMULLIN

PLAINTIFF

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

2. bearing High Court Record Number 2014 No. 6898 P and entitled as between

BERNADETTE GOODWIN

PLAINTIFF

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

3. bearing High Court Record Number 2014 No. 6913 P and entitled as between

MARY HONOHAN

PLAINTIFF

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

4. bearing High Court Record Number 2014 No. 6812 P and entitled as between

PETER TIERNEY

PLAINTIFF

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

5. bearing High Court Record Number 2014 No. 6979 P and entitled as between

BRIAN SPIERIN

PLAINTIFF

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

6. bearing High Court Record Number 2015 No. 4218 P and entitled as between

BRIAN O'REILLY

PLAINTIFF

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

7. bearing High Court Record Number 2014 No. 7166 P and entitled as between

EDWARD SHEEHAN

AND

EVELYN SHEEHAN

PLAINTIFFS

AND

ALLIED IRISH BANKS PLC AND OTHERS

DEFENDANTS

[2020] IESCDET 69

O'Donnell J.

Charleton J.

Irvine J.

S:AP:IE:2020:000011

A:AP:IE:2017:000266 A:AP:IE:2017:000268 A:AP:IE:2017:000271 and A:AP:IE:2017:000273

2014 6901 P (2015 115 COM).

SUPREME COURT

DETERMINATION

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES

RESULT: The Court grants leave to the Plaintiffs to appeal to this Court from the Court of Appeal

REASONS GIVEN:

ORDER SOUGHT TO BE APPEALED

COURT: Court of Appeal

DATE OF JUDGMENT OR RULING: 18 th July, 2019

DATE OF ORDER: 17 th October, 2019

DATE OF PERFECTION OF ORDER: 6 th February, 2020

THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 6 th February, 2020 AND WAS IN TIME.

General Considerations

1 The general principles applied by this court in determining whether to grant or refuse leave to appeal, having regard to the criteria incorporated into the Constitution as a result of the Thirty-third Amendment, have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this court in B.S. v. Director of Public Prosecutions [2017] IESCDET 134, (Unreported, Supreme Court, 6 December 2017) and in a unanimous judgment of a full court delivered by O'Donnell J. in Quinn Insurance Ltd. v. PricewaterhouseCoopers [2017] IESC 73, [2017] 3 I.R. 812. Accordingly, it is unnecessary to revisit the new constitutional architecture for the purpose of this determination.

2 Furthermore, the application for leave filed and the respondent's notice are published along with this determination (subject only to any redaction required by law), and it is therefore unnecessary to set out the position of the parties in any detail. No aspect of this ruling has precedential value as a matter of law.

Decision

3 The plaintiffs in these proceedings seek leave to appeal from the decision of the Court of Appeal [2019] IECA 217, (Baker J.; Peart and McGovern JJ. concurring), reversing the decision of the High Court [2017] IEHC 254 (Haughton J.), and finding that the plaintiff's claim herein was statute-barred. The applicants are six plaintiffs bringing proceedings which constitute pathfinder claims in relation to a total of 300 claims made in respect of investments made by individuals in a series of Belfry Property Funds under the auspices of AIB. The defendants are the directors of the...