The High Court has struck out Charles William Allen and Margaret Fahy’s claims against four Bank of Ireland defendants over mortgage charges and a possession order concerning a Galway property. The court held that the claims were res judicata, an abuse of process, and bound to fail.
Ms Justice Eileen Roberts gave judgment on 14 July 2023 after hearing the defendants’ application on 12 July. They sought to strike out the proceedings under Order 19, rule 28 of the Rules of the Superior Courts and the court’s inherent jurisdiction.
Fahy owns the property, which was mortgaged to the Governor and Company of the Bank of Ireland. In 2017, the bank’s mortgage entity brought Circuit Court proceedings seeking possession, alleging default under the mortgage. The Circuit Court made a possession order on 28 November 2017, stayed for six months. The High Court dismissed Fahy’s appeal in 2019.
In those earlier proceedings, Fahy had argued that her equitable interest in the property was held in a private trust, questioned the bank’s entitlement and requested original security documents. The High Court appeal judgment affirmed the possession order and addressed the trust argument.
In the current case, Allen said he was trustee of a private irrevocable trust relating to the property but declined to provide the trust document. He said the plaintiffs wanted documents and a “Formal Letter of Redemption” identifying who owned the charges and the authority for holding title. The judge said it was unclear what the requested letter meant. The bank defendants said their interest in the charges had been transferred to Link ASI Limited in 2020; the folio recorded Link ASI Limited as owner. Link ASI was not a party to the strike-out application.
The judge found the pleadings incoherent and disclosed no stateable cause of action against the Bank of Ireland defendants. She held that the alleged trust provided no legal basis to nullify registered charges or the possession order. Claims seeking to revisit issues determined in the earlier proceedings were res judicata. The judge also found Allen lacked standing to bring the claims, and that damages could not be sought solely because defendants brought permitted procedural applications.
The court granted the application, striking out the plaintiffs’ claims against the Bank of Ireland defendants under both grounds advanced. It found the claims frivolous and vexatious and said they could not be fixed by amendment or interlocutory steps.
The judge’s provisional view was that the successful defendants should recover their costs of the motion and proceedings to date. She invited submissions by 24 July and listed the matter for mention on 27 July to address costs and any other outstanding issues. The judgment did not make a final costs order.