Ulster Bank Ireland Ltd v Quirke & Anor (Unapproved) (Rev1) [2022] IECA 283 (12 December 2022)

Ulster Bank Ireland Ltd v Quirke & Anor (Unapproved) (Rev1) [2022] IECA 283 (12 December 2022)

The Court held that Promontoria was entitled to be joined as co-plaintiff under Order 17, r.4 RSC as there had been a transmission of interest by virtue of the global deed of transfer. The Court further held that Promontoria was entitled to leave to execute the judgment under Order 42, r.24 RSC, as it had provided sufficient explanation for the lapse of time and the application was made within the 12-year limitation period. The assignment of the underlying loan and security carried with it the right to enforce the judgment, and the compromise of related lien proceedings did not release the appellants from liability under the judgment.

Citation
[2022] IECA 283
Parties
Original Plaintiff: Ulster Bank Ireland Limited; Plaintiff/respondent (co Plaintiff by Order): Promontoria (Oyster) DAC; Defendant/appellant: Timothy Quirke; Defendant/appellant: Joan Quirke
Jurisdiction
Ireland
Judgment Date
12 December 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court Orders
Outcome
Appeal dismissed; High Court orders affirmed.
Legal Topics
Assignment of Debts, Joinder of Parties, Leave to Execute Judgment, Statute of Limitations, Enforcement of Security, Procedural Orders
Civil Procedure Banking Law Enforcement of Judgments Assignment of Debts Joinder of Parties Leave to Execute Judgment Statute of Limitations Enforcement of Security +1 more

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Parties

Ulster Bank Ireland Limited

Original Plaintiff

Promontoria (Oyster) DAC

Plaintiff/respondent (co Plaintiff by Order)

Timothy Quirke

Defendant/appellant

Joan Quirke

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court Orders

Legal Issues

  1. 1 Whether Promontoria (Oyster) DAC was entitled to be joined as co-plaintiff following assignment of loan and security from Ulster Bank
  2. 2 Whether Promontoria was entitled to leave to execute a judgment more than six years after its entry under Order 42, r.24 RSC
  3. 3 Whether the assignment of the underlying loan and security carried with it the right to enforce the judgment

Ratio Decidendi

The Court held that Promontoria was entitled to be joined as co-plaintiff under Order 17, r.4 RSC as there had been a transmission of interest by virtue of the global deed of transfer. The Court further held that Promontoria was entitled to leave to execute the judgment under Order 42, r.24 RSC, as it had provided sufficient explanation for the lapse of time and the application was made within the 12-year limitation period. The assignment of the underlying loan and security carried with it the right to enforce the judgment, and the compromise of related lien proceedings did not release the appellants from liability under the judgment.

Court Disposition

Appeal dismissed; High Court orders affirmed.

Orders

  • Promontoria (Oyster) DAC joined as co-plaintiff to the proceedings with Ulster Bank Ireland Limited.
  • Promontoria (Oyster) DAC granted leave to execute the judgment dated 27 March 2009.