Farmer loses court action

A Co Kildare farmer who claimed bad advice from the Bank of Ireland led to his joining the dole queue lost his action against…

A Co Kildare farmer who claimed bad advice from the Bank of Ireland led to his joining the dole queue lost his action against the bank in the Supreme Court yesterday.

The court dismissed an appeal by the farmer, Mr James Behan, who had sought £1 million damages against the bank.

Mr Behan (52), of Dollardstown House, Athy, had claimed bad advice from a bank manager led to his ending up on the dole. Last year, the High Court turned down Mr Behan's action against the bank and he then brought an appeal to the Supreme Court.

Mr Behan had submitted that seven years ago he lost his 240acre farm which was worth more than £750,000. He had farmed extensively at Dollardstown House which was inherited from his parents. He claimed that in 1981, he had assets in excess of £800,000.

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Mr Behan had claimed advice from the bank to borrow to expand his business, rather than sell some land to clear off a high-interest loan, had contributed to the destruction of his livelihood.

Bank of Ireland denied it advised him to "farm his way out" of his problems and that it would back him with financial services.

Mr Behan issued proceedings in July 1990 against the bank for damages for alleged negligence, breach of duty and breach of contract. The allegations were denied on behalf of the bank.

In the High Court last year, Mr Justice Morris said it was his view that at no stage did the bank manager enter into any binding arrangement with Mr Behan committing the bank to provide him with financial facilities.