Midland Bank Ltd v Crossley-Cooke

JudgeÓ Dálaigh C.J.
Judgment Date25 July 1969
Neutral Citation1965 WJSC-SC 5105
Docket Number(45-1968),[1967. No. 855.]
CourtSupreme Court
Date25 July 1969

1965 WJSC-SC 5105


Ó Dálaigh C.J.

Walsh J.

Budd J.

Midland Bank Ltd v. Crossley-Cooke

Judgment delivered on the 25th day of July, 1969 by Ó Dálaigh C.J. An Príomh-Bhreitheamh [nem diss]


This appeal is against an order of Murnaghan J., dated 26th February, 1968 entering judgment for the plaintiff bank against the defendant in the sum of £45,595. 5. 2d. and costs.


The plaintiff's claim, endorsed on a Summary Summons, was in respect of money paid by the plaintiffs for the defendant, at his request, and for interest thereon, and for money due on an account stated and settled.


The summons was issued on 13th July, 1967, the defendant's address being given as Cappaghmore, Clondalkin, Co. Dublin. As many as half-dozen unsuccessful attempts were made to serve the defendant at this address, and in these circumstances the plaintiff sought and obtained from Butler J., on 6th September, 1967 an order for substituted service on one David Blanford of the same address.


The affidavit grounding the application for that order exhibits a copy of letter written by the plaintiff's solicitor and addressed to the defendant at Cappaghmore informing the defendant of plaintiff's solicitor's instructions and requiring him to state a time when he would be available to accept service of the proceedings. A reply exhibited came from the aforesaid David Blanford who signed himself "head man" stating that the defendant was away and the writer could not be sure that a document left would reach him.


The summons was duly served on Blanford and it appears it was in fact posted on by Blanford to the defendant in England. It may be noted that Mr. Blanford did not dissociate himself from the defendant nor say that he had not been at Cappaghmore. The inference is rather the contrary.


The defendant, through his London solicitors, instructed Dublin solicitor, Mr. Stanley Siev, to enter an appearances to the proceedings and to defend the proceedings on the basis that the Irish courts had no jurisdiction. Mr. Siev entered an unqualified appearance, and enquired what his client's grounds were for challenging the jurisdiction of the Irish courts and in particular, enquiring during what periods his client was resident in the jurisdiction of the Irish courts. The answer to this was that prior to March, 1966 he had made rare visits to Ireland to stay with friends and since then that the frequency of his visits to Ireland had increased. The London agents in their letter added: "He tells us that he cannot be said to be...

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21 cases
  • Kenny v an Bord Pleanála
    • Ireland
    • High Court
    • 2 March 2001
    ... ... However, following the decision of Mr. Justice Walsh in Midland Bank Limited -v- Crosley-Cooke 1969 I.R. 26 , it has been the established jurisprudence of the ... ...
  • Trisura Guarantee Insurance v Duchnij,
    • Canada
    • Court of Appeal (Alberta)
    • 3 March 2021
    ...litigants would be deterred from enforcing their legitimate rights though the legal process”) & Midland Bank Ltd. v. Crossley-Cooke, [1969] I.R. 56, 61 (Sup. Ct.) (“It would appear that in the circumstances of any particular case the court could have felt itself justified in making ... ......
  • Angela Farrell v The Governor and Company of Bank of Ireland and Others
    • Ireland
    • Supreme Court
    • 10 July 2012
    ...relevant jurisprudence on security for costs before applying the principles therein to the instant case. Midland Bank Ltd v Crossley-Cooke [1969] IR 56 considered. The appeals all concerned procedural orders of the High Court, which the Court should be slow to interfere with. The evidence s......
  • Used Car Importers of Ireland Ltd v Minister for Finance
    • Ireland
    • Court of Appeal (Ireland)
    • 15 December 2017
    ...impecunious nature and the absence of countervailing circumstances justified granting the application. Midland Bank Ltd v Crossley-Cooke [1969] IR 56 and Farrell v Bank of Ireland [2012] IESC 43 considered. JUDGMENT of Mr. Justice Gerard Hogan delivered on the 15th day of December 2017 1 In......
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1 firm's commentaries
  • Court Of Appeal Considers Rules Governing The Granting Of Security For Costs
    • Ireland
    • Mondaq Ireland
    • 16 January 2018
    ...to the categories of what may constitute "special circumstances" as being the decision of Walsh J. in Midland Bank Ltd v Crossley-Cooke [1969] I.R. 56 and Clarke J. in Farrell v Bank of Ireland [2013] 2 I.L.R.M. Justice Hogan stressed that of all the categories poverty or impecuniosity of t......

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