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ARTICLE · 27 JULY 2015

The Practical Implications For Receivers Arising Out Of Kavanagh v McLaughlin

Hogan Dowling McNamara
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In the McLaughlin case a number of issues were considered by the Supreme Court arising out of the appeal by the McLaughlins of the unreported decision of Mr. Justice Bermingham given on the 30th of September 2013.

IrelandFinance and Banking
Keith Hogan
Keith Hogan
Fergal McNamara
Fergal McNamara

The recent Supreme Court decision given by Ms. Justice Laffoy in the case of Tom Kavanagh and Bank of Scotland Plc v Patrick McLaughlin and Roseann McLaughlin (the "McLaughlins") delivered on the 19th of March 2015 again casts into doubt the enforceability of certain mortgages.  This paper deals with the practical  consequences of this decision having particular regard to charges over land registry lands granted in favour of Bank of Scotland (Ireland) Limited ("BOSI"), prior to its merger by absorption by Bank of Scotland Plc. ("BOS"). 

At this stage it is worth reminding the reader that pursuant to European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008) in Ireland and the Companies (Cross-Border Mergers) Regulations 2007 in the United Kingdom approved by the High Court (Kelly J.) of Ireland on the 22nd October, 2010 and approved by the Court of Sessions on 10th December, 2010, all assets and liabilities of BOSI were transferred to BOS at

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