Solicitor Brian O’Donnell, his wife and two adult sons are engaged in “tactical game playing” in an effort to “paralyse” Bank of Ireland’s action alleging fraud against them over a “blatant” scheme to put property assets in London beyond its reach, it was claimed at the Commercial Court.

Cian Ferriter SC, for BOI, made the claim before Mr Justice Peter Kelly yesterday when the judge was dealing with its application for judgment against the O’Donnells over failure to comply with orders either to put in defences or appearances in the proceedings.

Mr Ferriter said that while Blake and Bruce O’Donnell had appealed to the Supreme Court against a High Court order, no effort had been made to advance that appeal and no stay sought on the High Court order. *

In those and other circumstances, he believed the O’Donnells were pursuing tactics aimed at paralysing the case.

Ross Maguire SC, for Blake and Bruce O’Donnell, rejected the suggestion of tactical game playing and said his side was exercising their right to appeal the jurisdictional issue.

Having heard the sides, Mr Justice Kelly said in all the circumstances, he was not surprised to hear the bank claim a game of tactics was being played.

Noting the bank was not opposing the application the defendants be permitted file a replying affidavit but did not want the litigation paralysed due to tactics, the judge said he would, on conditions, adjourn the matter for mention to next month.

The conditions require books of appeal to be lodged by December 17th with the effect an early hearing of the appeal could be sought. Any replying affidavit from the O’Donnells’ side must also be filed by December 21st.

* This article was edited on December 14th, 2012