The High Court has granted summary judgment to the Governor and Company of Bank of Ireland in its claim against Patrick Timmons over two loan accounts. The judge said he would hear counsel on the precise amount of the judgment.
The bank had sought liberty to enter final judgment for £194,905.52 or its euro equivalent, saying the money was advanced to Timmons through the two accounts and had not been repaid. The judgment does not state the final amount awarded.
Timmons argued in affidavits that he had an arguable defence and that the bank’s application should be sent to a full hearing. He said the accounts had been cleared in full and raised technical issues. In a further affidavit, he said he did not have information about the accounts. He also criticised the bank’s appointment of a receiver over properties connected to the loans; the judge said that criticism was not relevant to these proceedings.
The bank relied on affidavits from Hazel Fitzpatrick, with bank statements and other documents. The judge said those materials made the basis of the claim clear and showed that the money had been drawn down and not repaid.
The judge applied the summary judgment test, which asks whether it is very clear that the defendant has no case and whether the affidavits disclose an arguable defence. He concluded that Timmons’s affidavits disclosed no bona fide defence and that the documents answered the issues he raised about the loans.
The judgment noted that Timmons referred to negligent misrepresentation, but gave no basic details about who allegedly made a representation for the bank, what was said or when. The court therefore granted summary judgment to the bank. The amount remains for the court to determine after hearing counsel.
The proceedings were related to a separate Bank of Ireland case against Michael Timmons, which the judge said concerned loans that appeared to arise from the same commercial transaction. He directed that the two judgments be read together.