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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision allowing one financial institution to be substituted for another as the plaintiff in enforcement proceedings, affirming the validity of a 2017 High Court order for a summary judgment debt. The appellant's contention that a 2018 settlement agreement in related possession proceedings extinguished the judgment debt was rejected. The court found that the settlement did not incorporate or supersede the 2017 judgment, and the rights under the judgment had been validly transferred to the new plaintiff.
Everyday Finance DAC, Allied Irish Banks Plc, substitution of plaintiff, enforcement proceedings, summary judgment, 2017 High Court order, 2018 settlement agreement, transmission of interest, validity of assignment, judgment debt, cause of action, execution of judgment, Court of Appeal, High Court, Circuit Court possession proceedings, loan facility, legal charge, Folios, Tipperary, interest rates, consent order, Terms of Agreement, Deed of Transfer, locus standi, privacy of settlement, double recovery, enforceability of judgment, Rules of the Superior Courts (RSC), Legal Services Regulation Act 2015.
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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