Bank of Scotland PLC v Bibby & Anor [2026] NICh 8 (02 February 2026)

Bank of Scotland PLC v Bibby & Anor [2026] NICh 8 (02 February 2026)

There was no breach of the general prohibition because all intermediaries were authorised or exempt; even if there was a breach, the agreement was not made in consequence of actions by an unauthorised person; the plaintiff did not know nor should reasonably have known of any contravention; it is just and equitable to allow enforcement of the mortgage agreement.

Citation
[2026] NICh 8
Parties
Plaintiff/respondent: Bank of Scotland PLC; Defendant/appellant: George Kenneth Bibby; Defendant/appellant: Helen Bibby
Jurisdiction
Northern Ireland
Judgment Date
02 February 2026
Procedural Posture
Appeal / Judgment on Appeal From Master
Outcome
appeal dismissed
Legal Topics
Mortgage Enforceability, Regulated Activities, Appointed Representatives, Consumer Protection
Financial Services Law Property Law Contract Law Mortgage Enforceability Regulated Activities Appointed Representatives Consumer Protection

Case Brief

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Parties

Bank of Scotland PLC

Plaintiff/respondent

George Kenneth Bibby

Defendant/appellant

Helen Bibby

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Master

Legal Issues

  1. 1 Whether the mortgage agreement is unenforceable due to alleged breach of the general prohibition under Financial Services and Markets Act 2000
  2. 2 Whether the mortgage intermediary was an authorised or exempt person
  3. 3 Whether the agreement was made in consequence of something said or done by an unauthorised person

Ratio Decidendi

There was no breach of the general prohibition because all intermediaries were authorised or exempt; even if there was a breach, the agreement was not made in consequence of actions by an unauthorised person; the plaintiff did not know nor should reasonably have known of any contravention; it is just and equitable to allow enforcement of the mortgage agreement.

Court Disposition

appeal dismissed

Orders

  • Appeal from the master dismissed
  • Costs awarded to the plaintiff