Hosey -v- Ulster Bank Ltd & anor [2016] IEHC 610 (07 June 2016)

Hosey -v- Ulster Bank Ltd & anor [2016] IEHC 610 (07 June 2016)

The plaintiff has at least a stateable claim that her property was remortgaged without her consent by the solicitor, and the claim should not be struck out prior to discovery; the defendants must file a defence.

Citation
[2016] IEHC 610
Parties
Plaintiff/respondent: Margaret Hosey; Defendant/applicant: Ulster Bank Ireland Limited; Defendant/applicant: Brendan Weldon practising as Brendan Weldon & Company
Jurisdiction
Ireland
Judgment Date
07 June 2016
Procedural Posture
Civil / Interlocutory Application to Dismiss for No Cause of Action And/or for Particulars/case Management
Outcome
Plaintiff's claim not struck out; defendants to file defence; case management to follow if requested.
Legal Topics
Remortgage Without Consent, Solicitor's Undertakings, Joint Ownership, Abuse of Process, Discovery, Strike Out Application
Property Law Banking Law Civil Procedure Remortgage Without Consent Solicitor's Undertakings Joint Ownership Abuse of Process Discovery +1 more

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Parties

Margaret Hosey

Plaintiff/respondent

Ulster Bank Ireland Limited

Defendant/applicant

Brendan Weldon practising as Brendan Weldon & Company

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application to Dismiss for No Cause of Action And/or for Particulars/case Management

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a cause of action against the solicitor for remortgaging property without consent
  2. 2 Whether the proceedings are frivolous, vexatious, or an abuse of process
  3. 3 Whether particulars should be furnished or case management ordered

Ratio Decidendi

The plaintiff has at least a stateable claim that her property was remortgaged without her consent by the solicitor, and the claim should not be struck out prior to discovery; the defendants must file a defence.

Court Disposition

Plaintiff's claim not struck out; defendants to file defence; case management to follow if requested.

Orders

  • Defendants to file defence within three weeks.
  • Case management available after defence and discovery.