Frivolous and Vexatious High Court Proceedings Struck Out in Debt Case

Arthur O’Neill entered into loan agreements totalling almost €2,000,000 with First Active plc in 2007. The loans were subsequently sold to securitisation companies after 2015. Mr O’Neill brought High Court proceedings claiming that he had originally been offered 25 year interest only loans by First Active plc and in the process of the loans being … Read more

The Summary Summons Procedure in Debt Collection-All Parts of the Debt Must Be Set Out in Full

This Supreme Court case has put the cat amongst the pigeons, to a certain extent, when the summary summons procedure is being used to collect debts. In 2008, Bank of Ireland Mortgage Bank advanced a mortgage loan of €225,000 to Mr. Joseph O’ Malley. Shortly after the loan was advanced Mr. O’Malley ran into financial … Read more

Beware of the Representations Made to You in the Lead Up to Signing a Property Contract

Are you thinking about buying a property? Or a business? If you are, you need to be cautious and vigilant about the statements you are tempted to rely on, and who is making those statements. Let me explain. I act for large numbers of people who are buying (or selling) property. When I meet the … Read more

Did Lease Granted by Borrower Prevent AIB From Securing Possession of D4 Property?

AIB granted a loan to Richard Finbarr Fitzgerald and the parties entered into a mortgage contract. The 1995 mortgage, registered in the Registry of Deeds, was secured on a flat in Dublin 4 and the bank now sought an order for possession. However, there was a problem. Fitzgerald had gone bankrupt in January 2020 but … Read more