Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Substitution of lender in mortgage proceedings upheld on procedural grounds
|
or click here to request site subscription to search and view all judgments |
The High Court affirmed the Circuit Court's decision to substitute a lender (Mars Capital Finance Ireland DAC) as the plaintiff in a mortgage dispute, in place of the original lender (Start Mortgages DAC). The court confirmed that the substitution would not prejudice the defendants' ability to challenge the validity of the mortgage transfer. The appeal judge agreed with the original ruling that the substituted lender had established a prima facie case for substitution, without making any determinations on the merits of the case or the validity of the transfers involved. The defendants' request to keep Start as a co-plaintiff was denied to avoid unnecessary court resources and expenses, as Start no longer had an interest in the proceedings.
mortgage dispute, substitution of plaintiff, prima facie case, Mars Capital Finance Ireland DAC, Start Mortgages DAC, Irish Life and Permanent, validity of mortgage transfer, procedural application, defendants' defences, evidential burden, Circuit Court, appeal, Kelly J, Irish Bank Resolution Corporation v Noel Comer & Deirdre Comer, onus of proof, trial, redactions, global deed of transfer, standing to sue, court resources, unnecessary expense.
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.
