3 Protestors jailed for contempt of court in Strokestown land dispute case with KBC Bank Ireland

Three protestors involved in a bitter dispute in Strokestown, Roscommon between KBC Bank Ireland plc and the McGanns, the borrowers, were jailed by Justice Reynolds in the High Court in December 2020. Background The McGanns owned property in Strokestown, Roscommon and had borrowed money from KBC. They fell into difficulty as to repaying the money … Read more

Lay litigant succeeds in having Circuit Court order for repossession quashed by the High Court

A Wexford woman succeeded in the High Court with an application to set aside a Circuit Court order for possession of the family home. In February 2019 the Circuit Court in Wexford was satisfied that the papers and proofs were in order and granted the order for possession to the lender. Ms Cody claimed that … Read more

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

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