Shortt (Appellant) v Bank of Ireland (UK) Plc (Respondent)

Case summary

Case ID

UKSC/2026/0091

Parties

Appellant(s)

Noel Shortt

Respondent(s)

Bank Of Ireland (Uk) PLC

Issue

Did a delay of approximately 20 months between the conclusion of the trial and the delivery of the High Court judgment render the judgment unsafe? Should judges in the High Court and Court of Appeal have recused themselves on the basis of apparent bias? Was the Court of Appeal judgment vitiated by numerical and factual errors? Was the appellant denied a fair trial due to an inequality of arms, breaching his right to a fair trial under Article ECHR? Did the Bank breach its duty as mortgagee by carrying out a portfolio sale?

Facts

The appellant, Mr Shortt, is a businessman and property developer. He owned or co-owned certain properties in Derry. He had borrowed money from the respondent, the Bank of Ireland, to fund his acquisition and improvement of those properties. Those loans were secured by charges on the properties. Mr Shortt defaulted on his payments and the Bank decided to realise its security by selling the properties. The Bank added the properties to a larger portfolio, which was sold for a total sum of around £43m. Of that sum, £2,168, 867 was attributed to the appellant’s properties. Mr Shortt sued the Bank, arguing that the Bank had breached its duties as mortgagee by selling the properties at an undervalue and attributing an insufficient amount of the proceeds to his properties. He also alleged that there were potential conflicts of interest in the bidding process. The Bank counterclaimed for the shortfall owing on the mortgage account. Huddleston J at first instance dismissed Mr Shortt’s claims and gave judgment in favour of the Bank in its counterclaim. Mr Shortt appealed to the Court of Appeal, arguing that the trial had been unfair due to the non-disclosure of key documents, that Huddleston J should have recused himself for apparent bias, and that there were errors of law in the trial judgment. The Court of Appeal dismissed his appeal. Mr Shortt now appeals to the Supreme Court.

Date of issue

6 July 2026

Case origin

PTA

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