New judge named to hear Quinn v IBRC case

A High Court judge has been assigned to hear the marathon action between Sean Quinn's five children and Irish Bank Resolution Corporation concerning loans of €2.34 billion.

Mr Justice Garrett Simons will begin hearing the case on Tuesday, March 12th.

The case was due to open this week but was delayed after Mr Justice Michael Twomey, the judge previously assigned to hear it, agreed not to do so. The judge agreed to recuse himself following an objection by the Quinns to his hearing the case.

That objection was made last Thursday in light of the judge knowing socially one of the 49 witnesses in the case. That witness is a former official with Anglo Irish Bank, IBRC's predecessor in title.

The Quinns have subpoenaed that person to give evidence and consider him an important witness in relation to their claims about lending by Anglo, their counsel Bernard Dunleavy SC said.

IBRC did not oppose the recusal application after saying, as a matter of law, the Quinns appeared entitled to object.

Mr Justice Twomey stressed he had earlier told the parties he knew the particular witness and other witnesses. When he had done so, he did not know what witnesses would be called to give evidence or about the perceived importance of their evidence in the case, he said.

He said he did not consider he had any conflict of interest as a result of his limited social contact with this witness or that he would be biased when considering his evidence. While “firmly of the view” there was no actual bias on his part, the perception of bias was a separate issue, he said

Given his limited social contact with this witness, the judge said he would recuse himself.

Disputing liability

The parties then applied to Mr Justice Robert Haughton, who manages the Commercial Court list, to assign another judge to hear the case and to relist it for March 12th.

On Monday, Mr Justice Haughton told the parties that Mr Justice Simons had been assigned to hear the case and it would open on March 12th.

In their action, initiated in 2011, the Quinns dispute any liability for loans of some €2.34 billion advanced by Anglo Irish Bank to Quinn companies.

A separate case by IBRC against various Quinn family members and other parties, alleging a conspiracy to strip some €455 million assets from the Quinn international property group companies in several countries, is due for hearing after the children’s action.

Both cases were put on hold for several years pending the hearing of criminal proceedings against various Anglo executives and officials.