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Sale of lands affirmed on foot of judgment mortgages arising from orders for costs
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Court of Appeal dismisses appeal from High Court, and affirms a well charging order and order for sale of lands pursuant to orders for costs in the District Court and High Court, on the grounds, inter alia, that: (a) the orders for costs had not been appealed by the defendant; (b) the plaintiff, a solicitor, was entitled to bring the proceedings in her own name as she was the same 'legal person' as her firm; (c) although the property was worth less than €3 million, and the proceedings might have been brought in the Circuit Court, the fact that the Circuit Court had 'concurrent jurisdiction' with the High Court meant that the High Court's jurisdiction had not been displaced; and (d) the defendant had not applied to the court to have the judgment mortgages removed from the register, and the High Court was not able to question the validity of the register.
Costello J (nem diss): Judgment mortgages - claim for well charging order - order for sale - judgments arising from orders for costs in claim by barrister against solicitor - no appeals of orders - judgment mortgages registered against principal private dwelling - application to vacate judgment mortgages - taxation of costs - not appealed - proceedings issued by barrister against Bar Council - whether judicial benchers of the Kings Inns could hear the case - whether jurisdiction of court ousted by issued of plenary summons by barrister - whether Circuit Court had exclusive jurisdiction to hear well charging proceedings - fairness of procedures - whether cross-examination of plaintiff solicitor was necessary for a fair hearing.
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