Start Mortgages DAC v Piggott (Approved) [2020] IEHC 293 (15 June 2020)

Start Mortgages DAC v Piggott (Approved) [2020] IEHC 293 (15 June 2020)

The renewal of a possession order is not an 'action on a judgment' within the meaning of section 11(6)(a) of the Statute of Limitations 1957. The process of renewing or executing a possession order already obtained is a supplementary step, not a fresh action, and is not subject to the 12-year limitation period. The...

Source-derived case information.

Citation
[2020] IEHC 293
Parties
Plaintiff: Start Mortgages DAC; Defendant: Barry Piggott
Jurisdiction
Ireland
Judgment Date
15 June 2020
Procedural Posture
Possession Proceedings (mortgage Enforcement) / Application for Leave to Renew Execution of Possession Order
Outcome
Leave to renew execution order granted
Legal Topics
Enforcement of Judgments, Statute of Limitations, Renewal of Execution Orders, Mortgage Possession, Estoppel
Civil Procedure Property Law Banking Law Enforcement of Judgments Statute of Limitations Renewal of Execution Orders Mortgage Possession Estoppel

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 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Start Mortgages DAC

Plaintiff

Barry Piggott

Defendant

Procedural Posture

Possession Proceedings (mortgage Enforcement) / Application for Leave to Renew Execution of Possession Order

Legal Issues

  1. 1 Does section 11(6)(a) of the Statute of Limitations 1957 apply to the renewal of an order for leave to execute a possession order?
  2. 2 Is the renewal of a possession order an 'action on a judgment' within the meaning of the statute?

Ratio Decidendi

The renewal of a possession order is not an 'action on a judgment' within the meaning of section 11(6)(a) of the Statute of Limitations 1957. The process of renewing or executing a possession order already obtained is a supplementary step, not a fresh action, and is not subject to the 12-year limitation period. The court adopts the reasoning in Rockrohan, as endorsed by the Supreme Court, and grants leave to renew the execution order for a further year.

Court Disposition

Leave to renew execution order granted

Orders

  • Plaintiff granted leave to renew the execution order for a further year pursuant to Order 42 rule 20 of the Rules of the Superior Courts