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Loan transfer valid despite defendant’s objections
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High Court grants the applicant's request to be substituted as the plaintiff in ongoing enforcement proceedings, affirming the transfer of a loan and the right to execute a judgment originally obtained by the plaintiff against the defendant, the court rejecting the defendant's arguments, including the claim that the loan had been extinguished by a previous settlement agreement and that the judgment had not been effectively transferred due to the absence of explicit mention in the deed of transfer.
Substitution of plaintiff - loan transfer - execution of judgment - settlement agreement - deed of transfer - redaction - commercial sensitivity - client confidentiality - Rules of the Superior Courts (RSC) - O.17, r.4, O.42, r.24 - merger doctrine - assignment of chose in action - Supreme Court of Judicature Act (Ireland) 1877 - consent of debtor - hearsay evidence - legal interpretation - stamp duty - bona fide doubt - fishing expedition.
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