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Ropaigealach v Allied Irish Bank plc

Series: Estates Gazette ; {[2002] 03 EG 130-133(4)Publication details: 2002Subject(s): Summary: "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.
Holdings
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Law report London Journal article ABS65060 (Browse shelf(Opens below)) 1 Available 116608-1001

"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.