Stapleford Finance Ltd (as substituted) -v- Lavelle [2016] IECA 104 (11 April 2016)

Stapleford Finance Ltd (as substituted) -v- Lavelle [2016] IECA 104 (11 April 2016)

The assignment of loans constituted an event and a change of interest within the meaning of Order 17, Rule 4 of the Rules of the Superior Courts, permitting substitution of the respondent as plaintiff. The High Court had jurisdiction to make the order, and the appeal is dismissed.

Citation
[2016] IECA 104
Parties
Plaintiff/respondent: Stapleford Finance Limited; Defendant/appellant: Peter Lavelle; Notice Party: Irish Bank Resolution Corporation Limited (in Special Liquidation)
Jurisdiction
Ireland
Judgment Date
11 April 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Party Substitution, Assignment of Chose in Action, Interpretation of Procedural Rules
Civil Procedure Party Substitution Assignment of Chose in Action Interpretation of Procedural Rules

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Parties

Stapleford Finance Limited

Plaintiff/respondent

Peter Lavelle

Defendant/appellant

Irish Bank Resolution Corporation Limited (in Special Liquidation)

Notice Party

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction under Order 17, Rule 4 of the Rules of the Superior Courts to substitute the respondent as plaintiff
  2. 2 Whether the assignment of loans constituted an 'event' and a 'change of interest' within the meaning of Order 17, Rule 4

Ratio Decidendi

The assignment of loans constituted an event and a change of interest within the meaning of Order 17, Rule 4 of the Rules of the Superior Courts, permitting substitution of the respondent as plaintiff. The High Court had jurisdiction to make the order, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Stapleford Finance Limited substituted as plaintiff in place of Irish Bank Resolution Corporation Limited