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The Court of Appeal has overturned the High Court's decision and dismissed the plaintiffs' claim against the bank for assault and trespass due to inordinate and inexcusable delay. The plaintiffs had initially consented to a possession order on their home and later alleged assault during its execution by the Sheriff. The High Court had previously struck out a related slander of title claim against the bank, which was not appealed. The Court of Appeal found that the plaintiffs failed to provide any explanation for the delay and could not rely solely on a statutory stay, which had been liftable following a precedent set shortly after its imposition. The plaintiffs' remaining claim against the bank was deemed nebulous, and the absence of the Sheriff as a defendant significantly altered the case's dynamics. The bank was provisionally awarded costs, with the plaintiffs given the opportunity to contest this decision.
Court of Appeal, High Court, dismissal, want of prosecution, delay, assault, trespass, statutory stay, Sheriff, possession order, mortgage arrears, inordinate delay, inexcusable delay, balance of justice, Primor principles, Quinn v IBRC, case management, European Convention on Human Rights, Article 6, judicial intervention, slander of title, lis pendens, abuse of process, costs.
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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