Sanchez v Santiago Capital DAC & Ors (Approved) [2023] IEHC 681 (18 December 2023)

Sanchez v Santiago Capital DAC & Ors (Approved) [2023] IEHC 681 (18 December 2023)

The lis pendens must be vacated because the Plaintiff failed to serve proceedings properly, delayed prosecution without justification, and pursued litigation for tactical reasons rather than bona fide grounds; no substantiated claim to an interest in the property was demonstrated.

Source-derived case information.

Citation
[2023] IEHC 681
Parties
Plaintiff: Maria Dolores Fernandez Sanchez; First Defendant: Santiago Capital DAC; Second Defendant: Myles Kirby; Third Defendant: OSH Ventures Ltd; Fourth Defendant: Terry Kelly; Fifth Defendant: John Mitchell; Sixth Defendant: Paul McGrattan
Jurisdiction
Ireland
Judgment Date
18 December 2023
Procedural Posture
High Court Civil Proceedings / Application to Vacate Lis Pendens
Outcome
Application granted; lis pendens vacated.
Legal Topics
Lis Pendens, Unreasonable Delay, Bona Fide Prosecution, Mortgage Enforcement, Service of Process
Property Law Civil Procedure Lis Pendens Unreasonable Delay Bona Fide Prosecution Mortgage Enforcement Service of Process

Source-derived case record

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maria Dolores Fernandez Sanchez

Plaintiff

Santiago Capital DAC

First Defendant

Myles Kirby

Second Defendant

OSH Ventures Ltd

Third Defendant

Terry Kelly

Fourth Defendant

John Mitchell

Fifth Defendant

Paul McGrattan

Sixth Defendant

Procedural Posture

High Court Civil Proceedings / Application to Vacate Lis Pendens

Legal Issues

  1. 1 Whether the lis pendens should be vacated due to unreasonable delay
  2. 2 Whether the action is being prosecuted bona fide
  3. 3 Whether proper service of proceedings was effected

Ratio Decidendi

The lis pendens must be vacated because the Plaintiff failed to serve proceedings properly, delayed prosecution without justification, and pursued litigation for tactical reasons rather than bona fide grounds; no substantiated claim to an interest in the property was demonstrated.

Court Disposition

Application granted; lis pendens vacated.

Orders

  • All three lis pendens registered by the Plaintiff are set aside.
  • Plaintiff may continue proceedings but must serve all parties and prosecute expeditiously.