The Governor and Company of the Bank of Ireland v Matthews (Approved) (Rev 1) [2020] IECA 214 (31 July 2020)

The Governor and Company of the Bank of Ireland v Matthews (Approved) (Rev 1) [2020] IECA 214 (31 July 2020)

The appellant was not a 'mortgagor' within the meaning of s.3 of the 2013 Act, so proceedings were properly brought in the High Court. The cause of action for possession accrued only upon demand for payment and possession in 2016, not upon default, so the claim was not statute barred under s.9(2) of the Civil Liability Act 1961.

Citation
[2020] IECA 214
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Defendant/appellant: Janet Matthews
Jurisdiction
Ireland
Judgment Date
31 July 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Statute of Limitations, Jurisdiction, Mortgage Possession, Personal Representative Liability
Property Law Mortgage Law Civil Procedure Statute of Limitations Jurisdiction Mortgage Possession Personal Representative Liability

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Janet Matthews

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether proceedings for possession should have been brought in the Circuit Court under s.3 of the Land and Conveyancing Law Reform Act 2013
  2. 2 Whether the claim is statute barred under s.9(2) of the Civil Liability Act 1961

Ratio Decidendi

The appellant was not a 'mortgagor' within the meaning of s.3 of the 2013 Act, so proceedings were properly brought in the High Court. The cause of action for possession accrued only upon demand for payment and possession in 2016, not upon default, so the claim was not statute barred under s.9(2) of the Civil Liability Act 1961.

Court Disposition

appeal dismissed

Orders

  • Order for possession granted by the High Court to take immediate effect
  • Liberty to appellant to seek a stay by written submission within 14 days