Retired solicitor Brian O’Donnell and his wife, Dr Mary Patricia O’Donnell, have lost their Supreme Court appeal aimed at overturning a €71.5m summary judgment order granted against them four years ago.

The couple had claimed the High Court judge who entered the judgment against them in favour of Bank of Ireland should not have dealt with their case.

This was because the judge, Mr Justice Peter Kelly, now a member of the Court of Appeal, previously held shares in Bank of Ireland and had a business relationship with it, they claimed. The judge was also objectively biased due to prejudicial comments he made during their case, they further alleged.

While stressing he took serious issue with the legal and factual basis advanced in support of the recusal request, Mr Justice Kelly recused himself in 2014 from dealing with any more matters relating to the O’Donnells.

He sent the case to another judge, Mr Justice Brian McGovern, to ensure a speedy hearing. Mr Justice McGovern was also asked to recuse himself, which he refused to do.

The O’Donnells brought an appeal to the Supreme Court seeking to set aside the 2011 judgment on grounds of alleged objective bias and lack of disclosure of Mr Justice Kelly’s relationship with the bank.

A three-judge Supreme Court ruled, because the O’Donnells are declared bankrupts, only the court-appointed official in charge of their bankruptcy can bring the case.  The court found the couple did not have the neceesary standing in law (locus standii) to do so and the appeal was dismissed.

The Supreme Court also said two of the O’Donnells’ adult children, Blake and Bruce, could appeal against the refusal of Mr Justice McGovern for a stay on Bank of Ireland’s bid to strike out the sons’ defence to certain proceedings.