Ulster Bank v. Crawford [1999] IEHC 70 (20th December, 1999)

Ulster Bank v. Crawford [1999] IEHC 70 (20th December, 1999)

The affidavit of Alfonsa Duff Kelly, despite technical misdescription, sufficiently identified the judgment debtors and satisfied the statutory purpose; therefore, the judgment mortgage is valid and Notice Party is entitled to substitution and declaration.

Citation
[1999] IEHC 70
Parties
Original Plaintiff: Ulster Bank Limited; Defendant: Cathal Crawford; Defendant: Neil Crawford; Judgment Creditor: Allied Irish Banks Plc.; Notice Party/substituted Plaintiff: Charles Kelly Limited
Jurisdiction
Ireland
Procedural Posture
Mortgage Suit / Motion to Discharge/amend Primary Order
Outcome
Notice Party substituted as plaintiff; declaration granted that judgment mortgage is well-charged.
Legal Topics
Judgment Mortgage Registration, Statutory Compliance, Identification Requirements, Substitution of Plaintiff
Property Law Mortgage Law Civil Procedure Judgment Mortgage Registration Statutory Compliance Identification Requirements Substitution of Plaintiff

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ulster Bank Limited

Original Plaintiff

Cathal Crawford

Defendant

Neil Crawford

Defendant

Allied Irish Banks Plc.

Judgment Creditor

Charles Kelly Limited

Notice Party/substituted Plaintiff

Procedural Posture

Mortgage Suit / Motion to Discharge/amend Primary Order

Legal Issues

  1. 1 Whether technical misdescription in affidavit invalidates judgment mortgage registration
  2. 2 Whether Charles Kelly Limited is entitled to substitution as plaintiff and declaration of charge

Ratio Decidendi

The affidavit of Alfonsa Duff Kelly, despite technical misdescription, sufficiently identified the judgment debtors and satisfied the statutory purpose; therefore, the judgment mortgage is valid and Notice Party is entitled to substitution and declaration.

Court Disposition

Notice Party substituted as plaintiff; declaration granted that judgment mortgage is well-charged.

Orders

  • Order substituting Charles Kelly Limited as plaintiff instead of Ulster Bank Limited.
  • Declaration that sum of £51,024.58 plus interest at court rate from 2nd December, 1993 is well-charged on interests of both defendants in lands registered on Folio 9790.