Tanager V Kane – Court Of Appeal Judgment

Introduction

Following the decision in the Circuit Court and the interim ruling in the High Court on appeal, the Court of Appeal delivered a judgment on 31 October 2018 in relation to certain questions of law that had been case stated from the High Court owing to matters of public interest which this case raised. For determination were certain questions arising from the refusal of the Circuit Court to grant an order for possession over the defendant's family home to Tanager DAC (Tanager), the acquirer of the loan and security over the property from Bank of Scotland plc (BOS).

Background

Following the 2010 cross-border merger between Bank of Scotland (Ireland) Limited (BOSI) and BOS, the charge over Mr Kane's family home was acquired by BOS. BOS then sold a portfolio of its loans and related security to Tanager before BOS had been registered as owner of the charge on the folio that comprised Mr Kane's home. As the merger and transfer of business from BOSI to BOS