Young v Santander Consumer (UK) Plc [2025] NIKB 53 (10 October 2025)

Young v Santander Consumer (UK) Plc [2025] NIKB 53 (10 October 2025)

The plaintiff's statement of claim does not disclose any sustainable legal cause of action in negligence, deceit, or malicious prosecution. The defendant's application for an order charging land was not without reasonable cause, as the plaintiff was registered as a joint owner at the relevant time. There is no malice or actionable deceit pleaded with sufficient particularity. Any losses or costs claimed are either not foreseeable, not quantified, or have already been addressed by previous court orders. The claim is unarguable and must be struck out.

Citation
[2025] NIKB 53
Parties
Plaintiff/appellant: William Young; Defendant/respondent: Santander Consumer (UK) PLC
Jurisdiction
Northern Ireland
Judgment Date
10 October 2025
Procedural Posture
Appeal / Judgment on Appeal From Master's Order Striking Out Claim
Outcome
Appeal dismissed; order of the Master affirmed.
Legal Topics
Strike Out Applications, Negligence, Malicious Prosecution (civil), Deceit, Abuse of Process
Civil Procedure Tort Strike Out Applications Negligence Malicious Prosecution (civil) Deceit Abuse of Process

Case Brief

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Parties

William Young

Plaintiff/appellant

Santander Consumer (UK) PLC

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Master's Order Striking Out Claim

Legal Issues

  1. 1 Whether the plaintiff's statement of claim discloses a reasonable cause of action in negligence, deceit, or malicious prosecution against the defendant for obtaining an order charging land (OCL) on property in which the plaintiff had no interest.
  2. 2 Whether the proceedings should be struck out as disclosing no reasonable cause of action, being frivolous, vexatious, or an abuse of process.

Ratio Decidendi

The plaintiff's statement of claim does not disclose any sustainable legal cause of action in negligence, deceit, or malicious prosecution. The defendant's application for an order charging land was not without reasonable cause, as the plaintiff was registered as a joint owner at the relevant time. There is no malice or actionable deceit pleaded with sufficient particularity. Any losses or costs claimed are either not foreseeable, not quantified, or have already been addressed by previous court orders. The claim is unarguable and must be struck out.

Court Disposition

Appeal dismissed; order of the Master affirmed.

Orders

  • Plaintiff's action struck out with costs to the defendant, such costs to be taxed in default of agreement.
  • Certification for counsel granted.