The Supreme Court has ordered solicitor Angela Farrell to provide security for costs before she can continue most of a series of appeals arising from a long-running dispute with Bank of Ireland.
The litigation began when Bank of Ireland sought possession in February 2009 of properties over which it claimed security. Farrell later brought separate plenary proceedings against the bank, and the cases were initially consolidated before later being separated again. A High Court order for possession was made in February 2011.
Farrell appealed a series of procedural and substantive High Court decisions. She also initiated private criminal summonses against three people associated with the bank, alleging false pretences and perjury. Those summonses were subsequently quashed in judicial review proceedings, generating three further appeals.
Bank of Ireland and the individuals involved sought security for the costs of the appeals. Security for costs requires an appellant to lodge money or equivalent protection against the possibility that the successful respondent will otherwise be unable to recover its legal costs.
Mr Justice Clarke held that inability to pay costs alone would not justify such an order. However, special circumstances existed here.
The court identified repeated failures to comply with filing directions, a proliferation of appeals against procedural rulings and a pattern of submissions which significantly increased the burden and cost of the litigation. Clarke J. also regarded the attempted criminal prosecutions, while the civil dispute remained active, as oppressive and found that correspondence directed to counsel for Bank of Ireland was intended to intimidate.
The court nevertheless left Farrell free to pursue her substantive appeal against the possession order without providing security.
For the other interlocutory appeals, security was fixed at €25,584. For the appeals arising from the judicial review orders quashing the criminal summonses, security was fixed at €29,827.60. Those appeals were to be stayed until the required security was provided.