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Monday, 17th November, 2025

Appeal against summary judgment on mortgage loan dismissed as challenge to interest rate found unarguable

By: Decisis
The Court of Appeal dismissed an appeal brought by two borrowers against a High Court order granting summary judgment to the bank for the principal sum outstanding on a mortgage loan, and allowed the bank’s cross-appeal for summary judgment in respect of interest. The borrowers argued that an alleged change in the European Central Bank Main Refinancing Operations Minimum Bid Rate meant no further interest could be charged after October 2008, as well as raising issues of alleged Bank delay and overcharging connected to other loan accounts. The Court found these arguments amounted to mere assertions unsupported by credible evidence or expert testimony, and noted that any overcharging in respect of other accounts was addressed through redress schemes and was unrelated to the loan at issue. The application to dismiss the bank’s claim for delay was rejected as it had not been properly brought before the High Court. Finding the bank was entitled to summary judgment on both capital and interest, the Court affirmed the High Court’s order as to principal and set aside the order for a plenary hearing on interest, granting judgment in full to the bank.

Pre-action inspection of creche evidence adjourned as issues remain unpleaded in alleged child assault case

By: Decisis
The High Court considered an application by the intended plaintiff, a minor alleging sexual assault while unsupervised at a creche, seeking orders to preserve and inspect a garden shed, CCTV footage, and incident records prior to the start of personal injuries proceedings. The defendant consented to the preservation of evidence but opposed immediate inspection. The court held that while the evidence should be preserved, the application for inspection was premature as the plaintiff had not yet set out detailed allegations and the issues between the parties had not crystallised. The court therefore adjourned the application for inspection with liberty to re-enter once pleadings have closed, balancing the interests of both parties and ensuring that evidence remained protected. Reporting restrictions were also imposed to protect the plaintiff's anonymity.

Application to strike out claims over retail property dispute partially granted as entitlement to appoint receiver questioned and injunctive relief refused

By: Decisis
The High Court partly granted and partly refused various applications arising from a dispute between a business owner, several associated companies, and a private equity lender and receiver over the control and sale of a retail property. The court struck out the claim that the business owner had no interest in the property, finding it untenable based on conflicting evidence and breach of a mortgage pledge. However, it refused to strike out other claims questioning the lender’s legal entitlement to appoint a receiver following a company merger where statutory compliance was disputed, and it allowed challenges regarding the alleged undervalue sale of another mortgaged property to proceed. The court also refused to vacate a lis pendens registered against the property and denied an injunction restraining the sale or requiring the return of the business, finding that any losses could be remedied by damages. Costs were reserved for the trial judge due to mixed success by both sides.

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