The High Court has ordered the removal of four lis pendens registered against land at Brownsgrove, Tuam, after finding that three cases brought by John Joseph Boyle had not been advanced for years. The court did not dismiss the cases themselves and refused a request to dismiss one case for want of prosecution.
In a judgment delivered on 31 May 2022, Mr Justice Dignam considered motions by Promontoria (Oyster) DAC concerning cases against Ulster Bank, a firm of solicitors, and Ulster Bank and other defendants. Promontoria was already a defendant in one case. The judge joined it as a notice party in the other two so it could seek removal of the lis pendens affecting its interest in the land.
The land comprises ten acres at Brownsgrove House, in the townland of Queensfort, County Galway. Boyle was registered as full owner in 2009. The judgment records that Ulster Bank advanced a loan to Boyle and his parents as partners, secured by a mortgage over the property. Promontoria later acquired the bank’s interest in the loan and mortgage, and appointed a receiver in 2019 after repayment defaults, according to evidence before the court.
The cases began in November 2016 and January 2017. The judge proceeded on the basis that the summonses had been served, but found that no further steps had been taken. He described the period of inaction as between about four and four-and-a-half years before the motions were issued, and found the delay unreasonable for the purpose of section 123 of the Land and Conveyancing Law Reform Act 2009.
Boyle cited work on a forensic accountants’ report, health difficulties and personal loss, and efforts to refinance or resolve his debt as explanations for the delay. The judge said the information provided did not establish a good reason for the prolonged inaction. He also said there was no evidence of a payment plan with Promontoria.
Promontoria argued that the proceedings were not being prosecuted bona fide, including that they were being used to delay matters. The judge was not satisfied that the evidence supported that conclusion. He said he could not assess whether the cases were bound to fail because the summonses and statements of claim had not been provided and Boyle had not outlined the cases in his affidavits.
The court vacated the relevant lis pendens in all three cases. It refused to dismiss the 2017 case against Ulster Bank DAC, Promontoria and Capita Asset Services (Ireland) Limited for want of prosecution, saying that such an order would significantly affect Boyle’s ability to litigate and that the issue had not been properly argued.