Minister 'may apply to dismiss IL&P proceedings'

liammur

Looks like Noonan knows he did wrong, both legally and morally. The bank that got and needed the least got hit the hardest. AIB shareholders were rewarded far more than IL&P despite costing the taxpayer €20bln.

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The High Court has heard the Minister for Finance may apply to dismiss two sets of proceedings challenging the recapitalisation of Irish Life and Permanent.

€2.7bn of State money was pumped into the institution following a court order in July.

One of the shareholders objecting to the move today told the court that he believes that the Minister realises his case will not stand up to scrutiny and his lawyers are now "harassing and coercing" the other side into dropping their actions.

Lay litigant, Piotr Skoczylas, who is a director of Malta-based hedgefund Scotchstone, said the proceedings were among the most important in the history of the state and should be tried in the interest of the taxpayer and IL&P's shareholders.

He also submitted that it should be fast-tracked to the Commercial Court.

The case will come before the President of the High Court for directions next month.





Read more: http://www.irishexaminer.com/breakingnews/ireland/minister-may-apply-to-dismiss-ilp-proceedings-521142.html#ixzz1YUTpNMpq

AlekSmart

One of the shareholders objecting to the move today told the court that he believes that the Minister realises his case will not stand up to scrutiny and his lawyers are now "harassing and coercing" the other side into dropping their actions.

Lay litigant, Piotr Skoczylas, who is a director of Malta-based hedgefund Scotchstone, said the proceedings were among the most important in the history of the state and should be tried in the interest of the taxpayer and IL&P's shareholders.

He also submitted that it should be fast-tracked to the Commercial Court.

The case will come before the President of the High Court for directions next month.

This "Lay Litigant" tag is surely of interest.....?

A lone-ranger or what...?

I wonder,however if Piotr is aware of his adversary's solid track-record in harrassment & Coercion and in having the State's Legal Officers pursue even the dying for it's gramme of flesh...

http://www.ombudsman.gov.ie/en/Reports/InvestigationReports/9November2010WhoCaresAnInvestigationintotheRighttoNursingHomeCareinIreland/Name,12963,en.htm

In fact, the State has on occasion behaved very unacceptably in defending court actions. Probably the most notorious example of such unacceptable behaviour is the case of the late Mrs Brigid McCole who, in 1995, sued the Blood Transfusion Service Board (BTSB) and the State arising from her having contracted Hepatitis C from contaminated blood products. (see note 15 below) What attracted such negative comment in that case was that the State side allowed the litigation to proceed for almost 15 months, notwithstanding that Mrs McCole was seriously ill (she died in October 1996) and in the full knowledge that it would be found liable for her illness. The case was defended by the State in a manner which was recognised afterwards to have been unnecessarily adversarial and aggressive. Indeed, the State's handling of this legal action was subsequently the subject of a report by Ms. Fidelma Macken SC, commissioned by the Minister for Health and Children in 1997. In publishing this report in August 1997, the then Minister (Brian Cowen T.D.) was very critical of the manner in which the State (and the BTSB) defended the action taken by Mrs McCole. For example, the Minister commented:

"The Hepatitis C/Anti-D issue is the biggest health scandal in the history of the State. Yet, despite the gravity of the crisis and the fact that over 1,000 people were directly impacted by it, Minister for Health Noonan chose to adopt a strategy which was more concerned with the pure legal principles and technical obligations, than effecting a fair, just and humane solution to Mrs McCole's plight. The approach adopted was bereft of compassion or sensitivity to Mrs McCole or to the interests of others who were infected through the negligence of a State institution.

[...]

Even allowing for the fact that Court proceedings are adversarial by nature, the fact that the State was aware, at an early stage, that the BTSB had a case to answer and because of the nature and magnitude of the problem, the adversarial approach should have been tempered and the contentious tactics dropped.

[...]

The lack of desire to seek a solution which recognised that a fundamental wrong was done to a citizen of the State is the biggest indictment of the State's legal approach and strategy in Bridget McCole's case. "

Even today,Michael Noonan's handling of the Hepatitis C issue and particularly of Brigid McCole's situation remains as a disgusting example of Politicans becoming blinded by power.

Piotr Skoczylas hopefully,will provide Mr Noonan with somewhat more robust opposition that the unfortunate McCole family were able to muster against the Serried Ranks of the Irish State's Legal Machine.:(

Godge

AlekSmart wrote: »

This "Lay Litigant" tag is surely of interest.....?

A lone-ranger or what...?

I wonder,however if Piotr is aware of his adversary's solid track-record in harrassment & Coercion and in having the State's Legal Officers pursue even the dying for it's gramme of flesh...

http://www.ombudsman.gov.ie/en/Reports/InvestigationReports/9November2010WhoCaresAnInvestigationintotheRighttoNursingHomeCareinIreland/Name,12963,en.htm



Even today,Michael Noonan's handling of the Hepatitis C issue and particularly of Brigid McCole's situation remains as a disgusting example of Politicans becoming blinded by power.

Piotr Skoczylas hopefully,will provide Mr Noonan with somewhat more robust opposition that the unfortunate McCole family were able to muster against the Serried Ranks of the Irish State's Legal Machine.:(

Michael Noonan was very wrong. However, I saw him on TV over a year ago now, where he was in tears apologising for it. It was in the context of him having to deal with his wife suffering from Alzheimers and he said that he had not realised what the McCole family were having to go through when he made his decision. I was impressed by his ability to actually admit to the errors of his ways in a very humble manner. It was one of the reasons I switched my vote to FG in the last election as it contrasted with the "we did nothing wrong, it was all Lehmans" attitude that was and is still coming from FF/Greens.

liammur

Godge wrote: »

Michael Noonan was very wrong. However, I saw him on TV over a year ago now, where he was in tears apologising for it. It was in the context of him having to deal with his wife suffering from Alzheimers and he said that he had not realised what the McCole family were having to go through when he made his decision. I was impressed by his ability to actually admit to the errors of his ways in a very humble manner. It was one of the reasons I switched my vote to FG in the last election as it contrasted with the "we did nothing wrong, it was all Lehmans" attitude that was and is still coming from FF/Greens.

He doesn't seem to have learnt much. IL&P shareholders were completely stuffed. No NAMA, an asset worth over €1bln. How on earth he could give AIB shareholders a multiple price difference is beyond me

AlekSmart

liammur wrote: »

He doesn't seem to have learnt much. IL&P shareholders were completely stuffed. No NAMA, an asset worth over €1bln. How on earth he could give AIB shareholders a multiple price difference is beyond me

Old habits die hard I suppose ?

The two "systemic" Irish Banks still have a LOT of explaining to do to their customers and the country as a whole,but until we know what flannel they wove around Brian Lenihan back in 2008 we can only speculate.