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The Court of Appeal upheld the High Court's decision to allow the substitution of a new plaintiff in place of the original plaintiff for the execution of a consent judgment against the appellant. The original decision, made by the High Court, granted the new plaintiff the right to execute a judgment of €800,534.05, which had been delayed due to various reasons including a stay of execution, settlement negotiations, the appellant's personal insolvency process, and the COVID-19 pandemic. The appellant's appeal on the grounds of the validity of the transfer of the loan, the delay in seeking execution, and the refusal of an adjournment was dismissed, with the Court of Appeal finding no merit in the arguments presented.
Court of Appeal, High Court, consent judgment, execution of judgment, substitution of plaintiff, Deed of Transfer, delay in execution, personal insolvency, COVID-19 pandemic, prima facie, balance of probabilities, cross-examination, O. 42, r. 24 RSC (Rules of the Superior Courts), O. 17, r. 4 RSC, O. 40 RSC, Legal Services Regulation Act, 2015, adjournment, appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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