Patrick Daniel Payne and William Cooke v Ulster Bank Limited

JurisdictionNorthern Ireland
JudgeCoghlin J
Judgment Date2003
Neutral Citation[2003] NIQB 67
Date30 October 2003
CourtQueen's Bench Division (Northern Ireland)
1
Neutral Citation no. [2003] NIQB 67 Ref:
COGC4004
Judgment: approved by the Court for handing down
Delivered:
30/10/2003
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
_________
BETWEEN:
PATRICK DANIEL PAYNE
and WILLIAM COOKE
Plaintiffs;
and
ULSTER BANK LIMITED
Defendant.
________
COGHLIN J
[1] The plaintiffs in this action have carried on a partnership business as
farmers and market gardeners for many years and, in these proceedings, they
claim damages which they allege that they have sustained as a result of the
negligence, misrepresentation and breach of contract of the defendant bank
who, at all material times, provided banking services to the plaintiffs. The
plaintiffs were represented by Mr Horner QC and Mr Steven Elliott while
Mr Orr QC and Mr Eakin appeared on behalf of the defendant. I am grateful
to both sets of counsel for the economy and clarity of both their oral and
written submissions.
FACTUAL BACKGROUND
[2] After attending technical college, Mr Payne completed his education at
17 and started work as a farmer. He inherited 42 acres of land at Seacoast
Road, Bellarena, Limavady from his father. Mr Payne kept a suckling herd of
beef cattle and conducted a market gardening business on this land. In 1962
Mr Payne entered into a partnership with Mr Cooke, who had left school at
15. Since that date the plaintiffs have farmed in partnership and have jointly
acquired a further 218 acres. The partnership currently farms some 260 acres.
Mr Payne is now some 67 years of age and has been actively farming for more
than 50 years.
[3] The partnership market gardening business flourished and in 1986,
with encouragement and financial support from LEDU, the partnership

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