Start Mortgages Designated Activity Company and Anor v Corr and Anor (Approved) [2026] IEHC 56 (12 February 2026)

Start Mortgages Designated Activity Company and Anor v Corr and Anor (Approved) [2026] IEHC 56 (12 February 2026)

The respondent established, on the balance of probabilities, a valid transfer of the loan and mortgage and entitlement to execute the possession order; the redactions were sufficiently explained and did not affect the operative clauses; delay was justified and did not preclude relief.

Citation
[2026] IEHC 56
Parties
Plaintiff/respondent: Start Mortgages DAC; Plaintiff/respondent: Mars Capital Finance DAC; Defendant/appellant: Robert Corr; Defendant/appellant: Susan O'Loughlin
Jurisdiction
Ireland
Judgment Date
12 February 2026
Procedural Posture
Circuit Appeal / Judgment on Appeal From Circuit Court
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Substitution of Parties, Execution of Judgments, Redaction of Evidence, Delay in Enforcement
Property Law Civil Procedure Mortgage Possession Substitution of Parties Execution of Judgments Redaction of Evidence Delay in Enforcement

Case Brief

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Parties

Start Mortgages DAC

Plaintiff/respondent

Mars Capital Finance DAC

Plaintiff/respondent

Robert Corr

Defendant/appellant

Susan O'Loughlin

Defendant/appellant

Procedural Posture

Circuit Appeal / Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Whether the respondent proved entitlement to execute the order for possession despite redactions in transfer documents
  2. 2 Whether the substitution of Mars Capital Finance DAC as plaintiff was proper
  3. 3 Whether delay in enforcement precluded relief

Ratio Decidendi

The respondent established, on the balance of probabilities, a valid transfer of the loan and mortgage and entitlement to execute the possession order; the redactions were sufficiently explained and did not affect the operative clauses; delay was justified and did not preclude relief.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Order of Dublin Circuit Court affirmed