Ropaigealach v Allied Irish Bank plc
Ropaigealach v Allied Irish Bank plc
- 2002
- Estates Gazette .
"Ropaigealach v Allied Irish Bank plc" CA, 12 November 2001, examined the issue of whether a county court had jurisdiction to make a charging order absolute. Earlier proceedings begun by the Ropaigealach (R) had been dismissed with R ordered to pay the bank (A)'s costs. A charging order nisi was obtained by A. In January 2000 the deputy district judge made an order for payment of the costs by instalments. The charging order was eventually made absolute by the district judge in February having been put back from November 1999. The county court judge dismissed R's appeal against that decision. R made a further appeal, contending that the country court had no jurisdiction to make the charging order absolute. CA held that a district judge had jurisdiction to make a charging order absolute and had properly exercised his discretion to do so. Appeal was dismissed.
CHARGING ORDERS
COUNTY COURTS ACT 1984 S86
ROPAIGEALACH V ALLIED IRISH BANK PLC
LEGAL COSTS
COUNTY COURT JURISDICTION
CASE LAW
"Ropaigealach v Allied Irish Bank plc" CA, 12 November 2001, examined the issue of whether a county court had jurisdiction to make a charging order absolute. Earlier proceedings begun by the Ropaigealach (R) had been dismissed with R ordered to pay the bank (A)'s costs. A charging order nisi was obtained by A. In January 2000 the deputy district judge made an order for payment of the costs by instalments. The charging order was eventually made absolute by the district judge in February having been put back from November 1999. The county court judge dismissed R's appeal against that decision. R made a further appeal, contending that the country court had no jurisdiction to make the charging order absolute. CA held that a district judge had jurisdiction to make a charging order absolute and had properly exercised his discretion to do so. Appeal was dismissed.
CHARGING ORDERS
COUNTY COURTS ACT 1984 S86
ROPAIGEALACH V ALLIED IRISH BANK PLC
LEGAL COSTS
COUNTY COURT JURISDICTION
CASE LAW