Share on LinkedInShare on LinkedIn

ARTICLE · 01 AUGUST 2025

Supreme Court Confirms That Registered Liens Can Be Relied On As Security For Future Lending

Addleshaw Goddard
Addleshaw Goddard
Contributor
Addleshaw Goddard

Addleshaw Goddard

Addleshaw Goddard is a global law firm trusted by over 3,000 major organisations, including 51 FTSE...

View firm profile
Explore more from Addleshaw Goddard

The Supreme Court of Ireland recently delivered judgment in two separate, but related, appeals by John Fox [Promontoria (Oyster) DAC v John Fox S:AP:IE:2024:00058]...

IrelandLitigation, Mediation & Arbitration

The Supreme Court of Ireland recently delivered judgment in two separate, but related, appeals by John Fox [Promontoria (Oyster) DAC v John Fox S:AP:IE:2024:00058] and Michael Kean [Promontoria (Oyster) DAC v Michael Kean S:AP:IE:2024:00083] against the decisions of the Court of Appeal. The decisions overturned the High Court's refusal to grant well-charging orders to Promontoria (Oyster) DAC (PODAC), finding that pre-existing registered liens could not secure subsequent lending.

The Supreme Court reaffirmed the decision of the Court of Appeal and found there was no clear legislative intent within Section 73 of the Registration of Deeds and Title Act 2006 (the 2006 Act) to extinguish the ability for future lending to be secured by pre-existing registered liens.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from