By Ciaran Vale
The High Court has refused a Drumlish couple's second attempt to temporarily prevent the sale of about 77 acres of farmland which Philip Rogers says has been in his family for seven generations.
Mr Justice Jordan rejected the interlocutory injunction sought by Philip and Sinéad Rogers against Everyday Finance DAC and receiver Luke Charlton. The ruling does not finally determine the couple's underlying challenge concerning loans, securities and the receivership; those issues remain for trial.
The disputed farmland comprises four folios around Drumlish, County Longford. Mr Rogers told the court that he intends eventually to transfer the land to his son Jim, who he says would represent the eighth generation of the family to farm it. The land is currently leased to a local farmer.
The couple advanced several arguments against a sale. They contended, among other things, that the mortgage terms did not validly give the receiver a power of sale under section 108 of the Land and Conveyancing Law Reform Act 2009, questioned the effect of a delayed registration on one folio, raised an agency argument and argued that enforcement was statute-barred.
Jordan J rejected each argument as failing to meet even the relatively low threshold of raising a fair issue for trial. He found that the mortgage validly delegated a power of sale to the receiver and said the statutory limitation argument was also unsupported on the material before the court.
The judge added that the family connection to the farm would have carried significant weight if a fair issue had been established. He also noted that Everyday appeared to hold ample security: liabilities involving the couple and their company were stated at about €1.079 million, against secured properties estimated at between approximately €1.87 million and €2.339 million.
However, the court strongly criticised the repeated amendment of the plaintiffs' case and delays in progressing the proceedings. Jordan J found that their conduct would independently have disentitled them to an injunction.
The case was listed for 23 April 2026 for costs, further directions and a timetable towards the full hearing.