The High Court has upheld an order replacing Start Mortgages DAC with Mars Capital Finance Ireland DAC as plaintiff in proceedings against Andrew Doyle and Geraldine Scanlan, also known as Scanlon. The ruling was made on 3 March 2025 after a de novo rehearing of the application to substitute the plaintiff.
Mr Justice Liam Kennedy said Mars had established a prima facie case to continue the claim. He stressed that the substitution decision was procedural and did not determine the merits of the action or the validity of the transfers from Irish Life and Permanent to Start, and from Start to Mars.
The defendants did not oppose Mars joining the case, but argued Start should remain as a co-plaintiff. They said their concern was to ensure the change would not prejudice their factual or legal defences. The judgment records that they dispute the basis on which Start originally brought the proceedings, including whether it received good title from Irish Life and Permanent. They appeared likely to raise similar objections to the alleged transfer to Mars.
Mars conceded that substitution would not prevent the defendants raising those arguments. Its counsel also confirmed that Mars would not resist a request for documentary or oral evidence from or about Start on the ground that Start was no longer a party.
The judge said any evidential problems with the transfers would be for the plaintiff to address. Mars would have to prove the relevant links in the chain of title, as well as its entitlement to pursue the claim. Those questions, along with the action’s merits, the defendants’ defences and the appropriateness of redactions to transfer documents, were left for the Circuit Court to determine in due course.
Justice Kennedy said keeping Start in the proceedings would serve no useful purpose because it was no longer seeking relief or had an interest in the case. Retaining a superfluous party would add expense, delay and burdens. He therefore confirmed substitution on the same terms as the Circuit Court order made on 5 December 2024. Neither party sought costs.