The High Court has directed that a six-week trial in a long-running dispute between Irish Bank Resolution Corporation Ltd. (in special liquidation) and Thomas Browne proceed fully remotely, using the TrialView platform.
In a ruling delivered on 8 February 2021, Mr Justice Brian O’Moore said a remote trial would not be unfair to either party or contrary to the interests of justice. He made the order under section 11(2) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. The ruling concerns how the trial will be heard; it does not determine the parties’ substantive claims.
IBRC claims sums under two loan facilities. Its legal submissions said that, as of September 2020, Mr Browne owed £11,964,478 under one facility and €13,539,286, £2,093,311 and $990,992 under another. Mr Browne alleges that IBRC’s fraud induced him to enter the loan arrangements. He seeks to have the transactions rescinded and set aside, and claims damages. Those claims remain for trial.
The action began in October 2010 and was admitted to the Commercial List the following month. A trial set for 2012 was adjourned after disputes over discovery and interrogatories. In October 2012, the court adjourned the case until criminal proceedings against former Anglo Irish Bank officers Patrick Whelan and Sean Fitzpatrick were determined. The trial was later scheduled for April 2020, but could not proceed because of the Covid-19 pandemic.
Mr Browne opposed a fully remote trial, arguing that his evidence should be heard in person and that the judge could not properly assess his credibility or that of IBRC witness Mr O’Sullivan remotely. His counsel also raised concerns about communication with the legal team. IBRC said it would prefer key witnesses to appear in person but was prepared to proceed remotely. The parties had already agreed that some witnesses would give evidence remotely.
Justice O’Moore found the concerns insufficient to prevent a remote hearing. He noted that the six-week trial dates were available, the case had a lengthy history, and another postponement risked delaying the trial further. He also said the order could be revoked if the hearing became unfair or contrary to the interests of justice.
The court directed that witnesses give evidence from venues it approves, with attendees agreed by the parties or determined by the court. Evidence sessions are to include hourly breaks of 10 or 15 minutes unless unnecessary. The court will sit no earlier than 10.30am or later than 4.30pm, and Mr Browne and IBRC may attend in court. Evidence was due to begin on 9 February; the matter was listed for mention on 8 February to hear any further practical directions.