Bank of Scotland plc -v- O'Connor; O'Connor -v- Bank of Scotland plc & Ors [2017] IECA 54 (01 March 2017)

Bank of Scotland plc -v- O'Connor; O'Connor -v- Bank of Scotland plc & Ors [2017] IECA 54 (01 March 2017)

Bank of Scotland PLC retains locus standi as respondent to the appeal because the High Court judgment was properly granted in its favour at the time, and subsequent assignment of the loans does not alter the party entitled to defend the appeal. The appellant's attempt to challenge the validity of the mortgages was not properly before the court and, in any event, is contrary to settled law.

Citation
[2017] IECA 54
Parties
Plaintiff/respondent: Bank of Scotland PLC.; Respondent/appellant: Patrick O’Connor; Defendant/respondent: Michael Cotter; Defendant/respondent: Luke Charlton, trading as Ernst & Young; Defendant/respondent: Michael Cotter trading as Ernst & Young; Defendant/respondent: James Riordan and Darren O’Keeffe trading as James Riordan & Partners; Defendant/respondent: James Riordan and Darren O’Keeffe trading as M. J. Horgan & Sons
Jurisdiction
Ireland
Judgment Date
01 March 2017
Procedural Posture
Civil Appeal / Supplemental Judgment on Motion Post Appeal
Outcome
motion dismissed
Legal Topics
Locus Standi, Assignment of Loans, Substitution of Parties, Validity of Mortgage Execution
Civil Procedure Banking Law Locus Standi Assignment of Loans Substitution of Parties Validity of Mortgage Execution

Case Brief

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Parties

Bank of Scotland PLC.

Plaintiff/respondent

Patrick O’Connor

Respondent/appellant

Michael Cotter

Defendant/respondent

Luke Charlton, trading as Ernst & Young

Defendant/respondent

Michael Cotter trading as Ernst & Young

Defendant/respondent

James Riordan and Darren O’Keeffe trading as James Riordan & Partners

Defendant/respondent

James Riordan and Darren O’Keeffe trading as M. J. Horgan & Sons

Defendant/respondent

Procedural Posture

Civil Appeal / Supplemental Judgment on Motion Post Appeal

Legal Issues

  1. 1 Whether Bank of Scotland PLC retains locus standi to defend the appeal after assignment of loans to Feniton Property Finance Limited
  2. 2 Whether the appellant can challenge the validity of mortgages on the basis of execution by the mortgagee

Ratio Decidendi

Bank of Scotland PLC retains locus standi as respondent to the appeal because the High Court judgment was properly granted in its favour at the time, and subsequent assignment of the loans does not alter the party entitled to defend the appeal. The appellant's attempt to challenge the validity of the mortgages was not properly before the court and, in any event, is contrary to settled law.

Court Disposition

motion dismissed

Orders

  • Appellant's motion challenging locus standi of Bank of Scotland PLC dismissed
  • Appellant's motion challenging validity of mortgages dismissed