The High Court has struck out proceedings brought by David Ian Jacob and Charles William Allen that sought to challenge Pepper Finance Corporation (Ireland) DAC’s entitlement to possession of a property known as Park House, Bree, Enniscorthy, County Wexford.
In a judgment delivered on 1 March 2024, Mr Justice Rory Mulcahy ruled that the claim was an abuse of process and bound to fail. He struck it out under Order 19, Rule 28 of the Rules of the Superior Courts and under the court’s inherent jurisdiction. The court did not make a possession order in these proceedings; that entitlement had been determined in earlier litigation.
The earlier possession case began with a Circuit Court order in February 2019. Pepper, which had acquired the relevant facility and security from Shoreline Residential DAC, was added as a co-plaintiff. In August 2021, the High Court upheld Pepper’s entitlement to possession, and an order granting possession was made on 6 October 2021. The Supreme Court refused Jacob leave to appeal in March 2022.
The plaintiffs’ later claim sought declarations and damages, including relief concerning Pepper’s title, the charge on the property and documents they said were needed to understand or settle the debt. Their pleadings referred to a “formal letter of redemption”, original “wet ink” documents and a promissory note. Allen’s statement of claim also said Jacob had placed the property in a private irrevocable family trust in 2013, with Allen as trustee; the judgment says no evidence of the trust was furnished.
The defendants applied to strike out the case. At the January 2024 hearing, Allen appeared and read from affidavits. The judge noted that Jacob was aware of the hearing date but did not attend. Allen’s affidavit said the plaintiffs did not seek to challenge earlier court orders, while also maintaining that the defendants had not provided enough documentary evidence.
Justice Mulcahy concluded that the new proceedings were an attempt to challenge the final possession order. He said the High Court had already determined that Pepper was entitled to the benefit of the charge and that arguments about the quality of its evidence had been considered and rejected in the earlier case. He also noted that Pepper had provided redemption figures when requested, including while the Supreme Court application was pending.
The judge said the pleadings disclosed no stateable cause of action and that no amendment or further step could remedy the deficiency. He listed the matter for 15 March 2024 to address ancillary matters and costs.