Scriven v Scriven & Anor (Approved) [2024] IEHC 499 (15 August 2024)

Scriven v Scriven & Anor (Approved) [2024] IEHC 499 (15 August 2024)

Preliminary determination under Order 25 is refused because the issues raised are not discrete points of law based on agreed facts but are factual matters requiring plenary trial; applicant has not pleaded a cause of action against respondents and is not entitled to interlocutory relief; joinder of Pepper as defendant is necessary given its registered interest; data protection and assignment issues are substantive and must be resolved at trial.

Citation
[2024] IEHC 499
Parties
Plaintiff: Samantha Scriven; First Defendant / Applicant: Gerard Scriven; Second Defendant / Respondent: Feniton Property Finance DAC; Third Defendant / Respondent: Luke Charleton; Fourth Defendant / Respondent: Michael Cotter; Fifth Defendant / Respondent: Pepper Finance Limited DAC
Jurisdiction
Ireland
Judgment Date
15 August 2024
Procedural Posture
Application for Directions (preliminary Determination) in Plenary Proceedings / Interlocutory Application; Not Determination of Substantive Issues
Outcome
Application for preliminary determination refused; no substantive relief granted.
Legal Topics
Mortgage Assignment, Security Trustee Standing, Receiver Appointment, Legal and Equitable Interests, Lis Pendens, Joinder of Parties, Preliminary Determination Under Order 25, GDPR Objections
Property Law Civil Procedure Equity Data Protection Mortgage Assignment Security Trustee Standing Receiver Appointment Legal and Equitable Interests +4 more

Case Brief

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 6 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samantha Scriven

Plaintiff

Gerard Scriven

First Defendant / Applicant

Feniton Property Finance DAC

Second Defendant / Respondent

Luke Charleton

Third Defendant / Respondent

Michael Cotter

Fourth Defendant / Respondent

Pepper Finance Limited DAC

Fifth Defendant / Respondent

Procedural Posture

Application for Directions (preliminary Determination) in Plenary Proceedings / Interlocutory Application; Not Determination of Substantive Issues

Legal Issues

  1. 1 Whether the second defendant engaged in absolute legal assignment as required by Section 28(6) of the Supreme Court Judicature Act 1877
  2. 2 Whether the second defendant as security trustee has locus standi to enforce legal charges under the Registration of Title Act 1964
  3. 3 Whether receivers appointed by the second defendant are validly appointed and entitled to act

Ratio Decidendi

Preliminary determination under Order 25 is refused because the issues raised are not discrete points of law based on agreed facts but are factual matters requiring plenary trial; applicant has not pleaded a cause of action against respondents and is not entitled to interlocutory relief; joinder of Pepper as defendant is necessary given its registered interest; data protection and assignment issues are substantive and must be resolved at trial.

Court Disposition

Application for preliminary determination refused; no substantive relief granted.

Orders

  • Preliminary trial of issues under Order 25 refused.
  • Application to join Tailte Éireann not pursued; no order.