The Governor and Company of the Bank of Ireland v Matthews (Approved) [2020] IECA 214_2 (31 July 2020)
The mortgage required a demand before the principal monies became due. Clauses 6 and 7 did not override the clear requirement in Clause 1 for a demand. Therefore, the Bank's cause of action arose only upon demand, and the claim was not statute-barred.
- Citation
- [2020] IECA 214_2
- Parties
- Plaintiffs/respondents: The Governor and Company of the Bank of Ireland; Defendant/appellant: Janet Matthews
- Jurisdiction
- Ireland
- Judgment Date
- 31 July 2020
- Procedural Posture
- Civil Appeal / Judgment on Appeal From High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Mortgage Enforcement, Limitation Periods, Interpretation of Contractual Clauses, Demand for Payment, Statutory Powers of Mortgagees
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Governor and Company of the Bank of Ireland
Plaintiffs/respondents
Janet Matthews
Defendant/appellant
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Legal Issues
- 1 Whether the plaintiff's claim is statute-barred
- 2 Proper construction of the mortgage regarding when principal monies become due
- 3 Whether a demand is required before the secured monies become payable
Ratio Decidendi
The mortgage required a demand before the principal monies became due. Clauses 6 and 7 did not override the clear requirement in Clause 1 for a demand. Therefore, the Bank's cause of action arose only upon demand, and the claim was not statute-barred.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment