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Friday, 14th November, 2025

Temporary stay granted on enforcement of property disposal to allow respondents pursue social housing application

By: Decisis
The High Court considered an application by two respondents seeking to stay the enforcement of an order requiring the sale of their family home, which had previously been determined to represent the proceeds of crime. The respondents sought to pause the disposal of the home to allow them to apply for admission to a social housing scheme, potentially allowing them to remain as tenants rather than being evicted. The court acknowledged significant delays and criticism on both sides—the statutory body failed for years to enforce its order, while the respondents delayed in seeking relief and putting forward adequate evidence. The judge ultimately granted a temporary stay on enforcement, conditional on the respondents paying monthly rent, to allow their application to proceed to a prompt and final hearing. The court made clear that any further stay would require diligent progress and that the matter would be resolved on its factual and legal merits, rather than being summarily dismissed on procedural grounds.

Challenge to substitution of lender in possession proceedings refused following sale of loan assets

By: Decisis
The High Court refused an appeal against an order substituting a new plaintiff in ongoing possession proceedings concerning registered land. The original plaintiff’s business and related loan assets had been transferred to another finance company, which then sought to be substituted as plaintiff in place of the original lender. The court found there was sufficient evidence of a valid transfer, including notice to the defendant and registration of the assignment, and that any substantive defences available to the defendant in the possession case before the Circuit Court remained unaffected by this procedural ruling. Concerns raised by the defendant regarding document redactions and hearsay were dismissed, as the court was satisfied the redactions were reasonable and did not prejudice the defendant’s rights.

Appeal dismissed as property loan co-borrower remains liable despite agreement with others

By: Decisis
The Court of Appeal dismissed an appeal against a High Court decision granting summary judgment in favour of a bank for approximately €7 million against one of four co-borrowers under a property investment loan. The appellant, who had not repaid the loan, argued that a debt resolution agreement between the bank and his co-borrowers released or reduced his liability, and also that his co-borrowers breached a joint venture agreement, allegedly induced by the bank. The Court of Appeal upheld the High Court’s findings: the debt resolution agreement did not discharge the appellant’s liability nor did it constitute a release under civil liability law; no breach of the joint venture agreement was established, nor was it necessary to imply further terms into that contract; and the summary judgment procedure followed was satisfactory, despite arguments about insufficient detail which were raised late in the proceedings. The only technical adjustment was to reduce the judgment sum to account for additional payments made by co-borrowers after the High Court’s order. All other grounds of appeal, including procedural complaints regarding cross-examination and costs, were rejected.

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