Adam is attempting to sue Bank of Ireland Private Banking Ltd and Gaby Smyth Co, chartered accountants, because he feels they should have notified him that over $5 million went missing from his account over five years.
However, he “couldn’t be bothered” to read his own bank statements, the Commercial Court in Dublin was told yesterday. The Court was told that Clayton felt that bank should have notified him, telling him that his bank account was hemorrhaging money.
The Court also said that Clayton was “putting the cart before the horse” in taking a case against the bank as the separate action against his former assistant, Ms Hawkins, has not been heard. In September 2008 Ms Hawkin’s admitted to skimming about $18,800 but the bank was never notified about this.
Paul Sreenan, Clayton’s lawyer said that his client was suing for a failing to complete the duties owed by bankers to their clients. In October 2009 Clayton was notified that there was some unusual activity in his accounts. His lawyer claims that had he known earlier he might have lost less money.
Though his assistant has admitted to taking $18,800 Clayton believes the figure to total over $5 million. He is suing the two companies for over $11 million for negligence and breach of contract.
Though Justice Peter Kelly refused his application to fast-track the case to the Commercial Court the case will instead go ahead in the High Court.