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Court refuses to strike out claim against bank where it had failed to provide evidence of an ‘absolute’ assignment of the plaintiff’s loan and mortgage
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Court of Appeal dismisses a bank's appeal to strike out the plaintiff's contract and negligence claims, affirming the High Court's decision that these claims should not be dismissed under the court's inherent jurisdiction, on the grounds that the bank's appeal relied on arguments not presented in the High Court and failed to provide evidence of an "absolute" assignment of the plaintiff's loan and mortgage, which was central to the bank's case; but the bank's appeal is allowed regarding the plaintiff's defamation and trespass claims, which were deemed unstateable and bound to fail as no defamatory words or actions by the bank were pleaded.
Contract claim - Negligence claim - Defamation claim - Trespass claim - Absolute assignment - Section 28(6) of the Supreme Court of Judicature Act (Ireland) 1877 - Inherent jurisdiction - Court of Appeal - High Court - Dismissal application - Litigious disadvantage - Rules of the Superior Courts (RSC) - Statute of Limitations.
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