ACC Bank PLC v Touhy (Approved) [2023] IEHC 460 (27 July 2023)

ACC Bank PLC v Touhy (Approved) [2023] IEHC 460 (27 July 2023)

Pepper Finance Corporation (Ireland) DAC is entitled to be substituted as plaintiff and to execute the judgment against Brendan Touhy. The chain of assignment is valid, notice of assignment was given or deemed given under contract, and delay in execution is adequately explained and permissible under O.42, r.24. Statute of Limitations does not bar execution. Alleged forgery and admissibility issues do not affect entitlement to reliefs sought.

Citation
[2023] IEHC 460
Parties
Original Plaintiff: ACC Bank PLC; Applicant/substituted Plaintiff: Pepper Finance Corporation (Ireland) DAC; Defendant: Brendan Touhy
Jurisdiction
Ireland
Judgment Date
27 July 2023
Procedural Posture
Civil / Post Judgment Substitution and Execution Application
Outcome
application granted
Legal Topics
Assignment of Debt, Substitution of Parties, Execution of Judgment, Statute of Limitations, Notice Requirements, Mortgage Validity
Banking Law Civil Procedure Property Law Assignment of Debt Substitution of Parties Execution of Judgment Statute of Limitations Notice Requirements +1 more

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Parties

ACC Bank PLC

Original Plaintiff

Pepper Finance Corporation (Ireland) DAC

Applicant/substituted Plaintiff

Brendan Touhy

Defendant

Procedural Posture

Civil / Post Judgment Substitution and Execution Application

Legal Issues

  1. 1 Whether Pepper Finance Corporation (Ireland) DAC should be substituted as plaintiff in place of ACC Bank PLC
  2. 2 Whether Pepper Finance is entitled to execute the judgment obtained by ACC Bank PLC against Brendan Touhy
  3. 3 Whether proper notice of assignment was given to the defendant under s.28(6) of the Supreme Court of Judicature (Ireland) Act 1877

Ratio Decidendi

Pepper Finance Corporation (Ireland) DAC is entitled to be substituted as plaintiff and to execute the judgment against Brendan Touhy. The chain of assignment is valid, notice of assignment was given or deemed given under contract, and delay in execution is adequately explained and permissible under O.42, r.24. Statute of Limitations does not bar execution. Alleged forgery and admissibility issues do not affect entitlement to reliefs sought.

Court Disposition

application granted

Orders

  • Pepper Finance Corporation (Ireland) DAC substituted as plaintiff in place of ACC Bank PLC
  • Pepper Finance Corporation (Ireland) DAC granted liberty to execute judgment against Brendan Touhy