Everyday Finance Designated Activity Company v Brennan (Approved) [2025] IEHC 678 (19 November 2025)
Everyday Finance DAC proved chain of title and registration as owner of the charge, satisfying legal requirements for substitution and execution. Defendant's objections regarding redactions, beneficial ownership, and execution are not substantiated. Delay is adequately explained by procedural history.
- Citation
- [2025] IEHC 678
- Parties
- Respondent/plaintiff: Everyday Finance Designated Activity Company; Appellant/defendant: Colin Brennan
- Jurisdiction
- Ireland
- Judgment Date
- 19 November 2025
- Procedural Posture
- Appeal / High Court Appeal From Circuit Court Order
- Outcome
- appeal dismissed; Circuit Court order affirmed
- Legal Topics
- Mortgage Assignment, Substitution of Parties, Execution of Possession Orders, Delay in Execution
Case Brief
Summary, issues, holding and outcome
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Parties
Everyday Finance Designated Activity Company
Respondent/plaintiff
Colin Brennan
Appellant/defendant
Procedural Posture
Appeal / High Court Appeal From Circuit Court Order
Legal Issues
- 1 Whether Everyday Finance DAC is entitled to be substituted as plaintiff for execution of possession order
- 2 Whether leave should be granted to issue execution after six years
- 3 Validity of mortgage assignment and chain of title
Ratio Decidendi
Everyday Finance DAC proved chain of title and registration as owner of the charge, satisfying legal requirements for substitution and execution. Defendant's objections regarding redactions, beneficial ownership, and execution are not substantiated. Delay is adequately explained by procedural history.
Court Disposition
appeal dismissed; Circuit Court order affirmed
Orders
- Everyday Finance DAC substituted as plaintiff
- Leave granted to issue execution on possession order
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