Sunday, August 30, 2015

Kevin McGuigan Murder, Theresa Villers meeting in Dublin, Minister for Justice, Sinn Fein, Stormont Crisis

Democracy and Civil Society Prostituted to “Internal House-keeping” thesis

In the early 1980s, two significant events took place that would shape the direction of Sinn Fein/PIRA in the 21st Century, the first major event was the Hunger Strikes of 1980/81, from these hunger strikes, be it deliberate or not, Sinn Fein/PIRA found a new electoral platform on which to sell their wares. The second most important event was the Super-grass trials, while many look back on the Super-grass trials and describe them as another British Security failure, the fact was, that this form of selective internment allowed The British Security Services to place many of their most important agents within the ranks of Sinn Fein/PIRA (and the INLA to a lesser degree).

MI6 Agent Martin McGuinness (far right)

What would not be widely known among the general public is the fact that when a member of The PIRA is imprisoned, his/her Rank is lost in the outside world, and while they may take on a new rank within the prison system, they are replaced on the outside, this system allowed the British to have their lower ranking agents promoted within Sinn Fein/PIRA, this was the key focus of the RUC/MI5, while MI6 focused all their energies on Sinn Fein/PIRA leadership personnel.

By the mid-1980s Sinn Fein/PIRA had been infiltrated at every level, with most of the top players meeting with individual MI6/MI5 Officers, while lower ranking personnel were being Handled by RUC Special Branch and MI5 to a lesser degree.

Those members of Sinn Fein/PIRA who were viewed as difficult were set up for imprisonment or summarily executed by the SAS, this murderous focus was directed mainly at Sinn Fein/PIRA operatives in the ‘border’ counties that were under the control of PIRA Chief of Staff, Kevin McKenna, McKenna was at best viewed as un-helpful.

This wholesale slaughter of Sinn Fein/PIRA activists in the ‘border’ counties, would be coupled with a British normalisation policy in the north, this meant that RUC and UDR Officers would be placed in the front line against uncompromising Sinn Fein/PIRA activists, this meant that less Body-Bags would be returning to England and the bad publicity that went with all of that for serving British Governments.

By 1994 Sinn Fein/PIRA were on their knees, MI6 was effectively controlling the majority of The Northern Command including Martin McGuinness MP, any Sinn Fein/PIRA operatives who had not been compromised (these were few – particularly in Belfast and Derry) were constantly frustrated as their operations were compromised by their senior officers, who were British Agents.

During the process of Sinn Fein/PIRA surrender to their MI6 Handlers, Sinn Fein/PIRA consistently outlined their concerns for their authority in Catholic areas, Gerry Adams TD and Martin McGuinness MP told their British Handlers that they would need to maintain an arsenal of weapons to deal with any dissent in the Catholic community. MI6 agreed that Sinn Fein/PIRA should be allowed to act as British Auxiliaries in order to suppress any Catholic opposition to British Rule in the north.

MI6 were told by Martin McGuinness MP in 1994 that as well as holding on to clean weapons already in their (Sinn Fein/PIRA) possession from the importations from Colonel Gaddafi in the mid-1980s, Sinn Fein/PIRA had also sourced up to 400 automatic hand-guns from the USA that would be delivered by post. MI6 ensured that these weapons from the USA which were sent by a Florida based Stock Broker, Mike Logan, arrived with Sinn Fein/PIRA without interference from the authorities. Logan, who is third-generation Irish, started sending weapons to Sinn Fein/PIRA in 1995.  He worked directly for Spike Murray, the head of the IRA’s Northern Command.

When the Sinn Fein/PIRA leadership announced their agreed MI6 cease-fire in August 1994, many ground level Sinn Fein/PIRA activists were surprised, even The PIRA Chief of Staff Kevin McKenna had been left outside the loop with the actual cease-fire declaration. However, it would soon become clear that people such as McKenna had been left out of the loop about many significant matters including the decommissioning of PIRA weapons. Martin McGuinness tried to back-step on the decommissioning issue, however, his lies were quickly exposed when some of the communications between McGuinness and his MI6 Handler Michael Oatley were captured by a PIRA Intelligence Officer and leaked to the media.

A few months of lies and half-truths would continue between the Sinn Fein/PIRA leadership and their ‘loyal’ followers, eventually leading to McKenna and McKevitt resigning from the PIRA Army Council. Sinn Fein/PIRA would now work hard trying to create distractions for their ‘loyal’ followers, we had the opening of the border roads, the release of prisoners, the dismantling of British Army installations, calls for disbanding the RUC, disbanding the UDR, with the most occupying tactic being opposition to Orange Parades.

All the while Sinn Fein/PIRA had continued to act as British Auxiliaries by ordering the murder of anyone who stood in their way or tried to undermine their authority, Drug Dealers who refused to pay protection money to the cease-fire soldiers were shot dead, men who stood up to individual PIRA members were shot dead, political opponents including members of the SDLP were subject to regular attack. In 2000 Sinn Fein/PIRA carried out the murder of life-long republican Joe O’Connor as Mr O’Connor had spoken out about Sinn Fein/PIRA playing the role of British Auxiliaries to the RUC. All of the weapons used in these murders, including the murder of Kevin McGuigan, had been imported with the consent of MI6 and Sinn Fein/PIRA had been allowed to retain these weapons with the nodded approval of The British and Irish Governments.

The truth about the British approach to Sinn Fein/PIRA’s continued murderous campaign against the Catholic community would come in 1999, when then British Secretary of State Mo Mowlam would describe the murder of Catholics by Sinn Fein/PIRA as “Internal House-keeping”, Sinn Fein/PIRA have now murdered over 40 Irish Catholics since their agreed cease-fire in 1994, this has included the cold blooded murder of Garda Gerry McCabe and the most recent murder of Kevin McGuigan in Belfast.

Sinn Fein/PIRA are acting as British Auxiliaries to the PSNI, this is the exact same model the British adopted in 1919 when they used The Black and Tans as Auxiliaries to the RIC. The Black and Tans could use murder and rape to suppress any opposition to British rule in Ireland.

When the Secretary of State for the north Theresa Villers meets with the Irish Minister for Justice, Frances Fitzgerald this week, we can expect more of the same, Villers will have her statement and protocol prepared by MI6 (who will protect Adams and McGuinness at any cost) and Frances Fitzgerald is unlikely to digress from the script.

We can expect yet another smoke screen to be created in order to keep the Provos in business, we will have talk about assessments, a new body to overlook PIRA activity, we will have politicians silenced by Sinn Fein/PIRA legal letters threatening ‘proceedings’ for words uttered, and we will be back to ‘politics’ as normal. Sinn Fein/PIRA members will continue to murder, rape, smuggle, racketeer, drug deal and the rest, so, business as normal as the “Internal House-keeping” thesis takes prominence over democracy and civil society.

Keywords: Kevin McGuigan Murder, Theresa Villers meeting in Dublin, Minister for Justice, Sinn Fein, Stormont Crisis

Tuesday, August 25, 2015

Kevin McGuigan Murder, Sinn Fein, Minister for Justice

Kevin McGuigan Mudered by Sinn Fein/PIRA

In 1999 then British Secretary of State for the north Mo Mowlam described the murder of Catholics by Sinn Fein/PIRA as “Internal House-keeping”, this clearly set out the stall for the British approach to the Sinn Fein/PIRA cease-fire as agreed between Sinn Fein/PIRA and their MI6 Handlers.

MI6 Agent Martin McGuinness MP in PIRA Uniform

Since the signing of The Good Friday Agreement the Sinn Fein/PIRA leadership in the guise of The Provisional IRA Army Council have ordered dozens of murders, mutilation attacks, robberies, racketeering operations, counterfeiting operations and so forth, however, both The British and Irish establishment have fallen virtually silent, as the key focus is to keep Sinn Fein/PIRA within a democratic framework while at the same time allowing Sinn Fein/PIRA to engage in murder, mutilation and rape against the Catholic community, the great and the good believe it is a price worth paying to keep big bombs of the streets.

The problem with the “Internal house-keeping” thesis is that democracy has been compromised and continues to be compromised for every day that The PIRA Army Council continues to exist and dictate life and death on the Island of Ireland. The PIRA are recruiting in Derry, Belfast, Dublin, Limerick and in particular the border counties, while the vast majority of PIRA activity is directed at criminal enterprise, the reality is that leading members of Sinn Fein continue to play a dual role in the realm of politics and the murky world of ‘terrorism’.

Following the shooting dead of Jock Davison in Belfast The PIRA Army Council meet in west Belfast and a decision was taken to clearly identify who had killed Jock and when that identification process was complete the believed ‘Trigger man’ would be ‘executed’ by a PIRA active service unit which operates under the direct orders of The PIRA Army Council, that Active Service Unit was warned that the Sinn Fein leadership would have to deny them until the political dust settled, similar to the murder of Garda McCabe and then the turn around when those murderers were meet upon their release by PIRA Southern Command leader Martin Ferris TD.

MI6 and Senior Gardai will not seek/or speak political sanction for Sinn Fein/PIRA as The PIRA/Sinn Fein are infiltrated to the very highest level as was the Official IRA in the 1970s when the most senior members of An Garda Siochana pleaded with the then Fianna Fail Government not to arrest The IRA Army Council in Cavan where they were holding a meeting, as most members of the Official IRA Army Council were in the pay of The Irish Special Branch.

This approach by professional police officers is understood, as their job is the protection of the community, rather than seeking political sanction against Sinn Fein. However, this policy is allowing Sinn Fein/PIRA to go without sanction for ‘politically’ motivated assassinations on the island of Ireland, it is allowing large sways of Irish Catholics to be at the dictate of The PIRA Army Council, and the time has now come for someone to stand up to the Gangsters that are masquerading as ‘democrats’ and those gangsters are Sinn Fein/PIRA.

Sinn Fein/PIRA will murder again both in the north and Irish Republic, when again we will be offered platitudes by weak politicians who will lay the blame at the door of the PSNI and An Garda Siochana for not having warned them about the threat from Sinn Fein/PIRA.


Let us be clear, The PIRA Army Council exists, they are recruiting, they are directing terrorism and they are engaged in whole sale criminality, people are going to be murdered both north and south, and the blame will be with those politicians who turned a blind eye to murder and rape.

Saturday, July 4, 2015

Pro-life rally, Dublin, 2015

Opposing sides clash during abortion rallies in Dublin

There were confrontational scenes in Dublin city centre today as opposing sides of the abortion debate held demonstrations in the capital.


Ahead of the annual All-Ireland Rally for Life organised by a coalition of anti-abortion groups, a counter-demonstration was held by pro-choice activists on O’Connell Street on Saturday afternoon at the interface between the two factions.


A large Garda presence lined the street beside the Spire in an attempt to keep the groups separated, as marchers representing Youth Defence, The Life Institute and Precious Life were greeted by chants of “Pro-life, that’s a lie, you don’t care if women die” and “Anti-women, anti-gay, pro-life bigots go away”.

Keywords: Abortion Ireland, Pro-life Rally, Dublin, 2015

Wednesday, April 29, 2015

ODonnell Eviction, Bank of Ireland, Gorse Hill, The New Land League, High Court

ODonnell Eviction Gorse Hill

Retired solicitor Brian O’Donnell and his wife have left their former family home in Killiney, Dublin ahead of their eviction.

Under a court-imposed ORDER they must vacate the property by noon on Wednesday.

Earlier they had removed their belongings in a furniture removal van and in boxes placed in car driven by a family friend.

Dr Mary Patricia O'Donnell has left Gorse Hill in advance of Noon possession by Bank Of Ireland.



Brian O'Donnell gives Gorse Hill Keys to Bank of Ireland

Solicitor Brian O’Donnell has dropped the keys of his former house Gorse Hill onto a desk in front of Bank of Ireland chief executive Richie Boucher prior to the start of the bank’s AGM.
He walked up to where Mr Boucher was sitting and dropped the keys to Gorse Hill onto his desk, without addressing him.



Mr O’Donnell attended the bank’s annual general meeting only hours after leaving his Gorse Hill mansion in Killiney for the last time, a house worth €30 Million at the height of the boom.

Dumb and Dumber

While Brian O'Donnell was handing over his keys to Gorse Hill to Bank of Ireland, Jerry Beades was posting a notice on the gate at Gorse Hill stating that Bank of Ireland has no entitlement to the keys of Gorse Hill, all of which shows that Dumb and Dumber is much more than a movie.

The New Land League

The self-styled ‘The New Land League’ which has been heavily criticised for taking money from vulnerable people, has been using the O’Donnell’s case to gain publicity for its Millionaire Gambler Leadership including Jerry Beades. The New Land League is lead by people who borrowed millions, gambled that money and now want a return on their beaten docket. Their membership includes Cowboy Builders who left many people homeless.

The main ‘tactic’ being used by ‘The New Land League’ is ‘Delay Litigation’, this is simply a tactic which delays the return of assets to The Tax Payer who now own most of The Irish Banks.

The tactics of ‘The New Land League’ means that the Banks do not have the money to do deals with ordinary decent people who have simply got into Mortgage difficulty due to personal circumstances.

People have been advised not to give money to ‘The New Land League’ as such money is not being audited and could end up being used by very dis-honest people.

Mr O’Donnell was driven away from Gorse Hill at 9.37am by Jerry Beades of the self-styled Land League, Mr Beades is a Shameless self-profiler.

Bank of Ireland AGM Latest

Mr O’Donnell is expected to attend the Bank of Ireland AGM at 11am. His wife Mary, left the property at around 9am after placing a number of items into a car driven by a family friend.

Earlier, John Martin of the new Land League said most of the family’s belongings were now gone “apart from a few personal possessions”.

Asked how the O’Donnells were feeling Mr Martin replied: “We are all human”.

Mr O’Donnell and members of the new Land League are understood to have secured voting rights at the AGM, where they are expected to criticise management of the bank over the repossession of Gorse Hill.

A number of members of the Land League remain on the property and are expected to stay there until noon. A large number of reporters are outside the property.

O’Donnell Legal Case

The eviction is likely to mark the end of a long-running legal process which started when seen Bank of Ireland appointed Tom Kavanagh as receiver in 2012 in an effort to recover a €71.5 million judgment from 2011 against Mr O’Donnell and his wife, Mary Patricia.

That application was unsuccessfully resisted in proceedings involving the couple’s four children.

The O’Donnell parents moved back into Gorse Hill last February after their children vacated it in line with court orders.

O’Donnells’ High Court Order

A possession order was subsequently granted to the bank by the High Court.

This was appealed to the Court of Appeal which dismissed the couple’s bid to prevent receivers from taking possession but granted a stay on the possession injunction to April 29th to allow them seek leave to appeal to the Supreme Court.

On Tuesday a three-judge Supreme Court refused an application for a stay on the High Court injunction granted last March requiring them to leave the property at Gorse Hill, Vico Road, by noon today.

They sought the stay pending their Supreme Court application for leave to appeal a Court of Appeal decision, made earlier this month, refusing to overturn the injunction.

In a Supreme Court application last Monday, the O’Donnells argued their appeal centred on issues of public importance which should be determined in the public interest, including issues concerning the refusal of the High Court judge, Mr Justice Brian McGovern, to recuse himself.

Other issues included arguments that their case related to the ability of banks and receivers to obtain a mandatory order to gain possession of a family home rather than issue proceedings for possession and having a full hearing.

In opposing any stay, Bank of Ireland argued the case raised no novel legal issues.

The three-judge Supreme Court, comprising Chief Justice Mrs Justice Susan Denham, Mr Justice John MacMenamin, and Ms Justice Mary Laffoy, refused the application. Their 10-page determination said issues were raised by the O’Donnells which could not form part of the leave application and the court could only address issues arising from the Court of Appeal decision of April 15th last.

Court of Appeal

It ruled that the Court of Appeal had applied well-established principles in its refusal to overturn the High Court injunction, and the O’Donnells had not raised issues of general public importance entitling them to an appeal.

It said the O’Donnells had not shown a Supreme Court appeal was necessary in the interests of justice, and had not made out a legal point relating to the High Court judge’s refusal to recuse himself.

Delay Litigation Tactic Rejected

It also rejected various other grounds raised, and said the O’Donnells received a “full hearing” in the High Court, followed by a full appeal to the Court of Appeal. There could not be a further appeal to the Supreme Court unless certain parameters were met, the court said. Nor was there any basis for a reference of issues to the Court of Justice of the European Union.

Contempt of Court in Other Cases

A farmer, his wife and several others, including anti-eviction activist Ben Gilroy, could be jailed for alleged interference with a receiver appointed over lands in Co Kildare.

Paul O’Shea spent two weeks in jail when he was previously found in contempt of court orders restraining interference with receiver George Maloney’s attempts to sell lands owned by Mr O’Shea at Davidstown, Castledermot.

Mr O’Shea was released by a High Court judge earlier this month after giving a sworn undertaking to purge his contempt and comply with court orders. The matter was adjourned on certain conditions to progress matters.

When the matter returned before Mr Justice Paul Gilligan yesterday, lawyers for Mr Maloney said there was ongoing interference.

Loan in default

Mr Maloney was appointed in September 2012 by Danske Bank as receiver over two large fields Mr O’Shea put up as security on a 2003 loan which went into default. The bank obtained judgment for €1.29 million against Mr O’Shea in March 2013.

In an affidavit, Mr Maloney said he and his agents had been intimidated, threatened with violence and put under surveillance when on the land.


Due to the interference, the receiver said he intended to seek the attachment and committal to prison of Mr O’Shea, his wife, Emer, and several others, including Mr Gilroy, who, he said, were giving advice to those preventing him carrying out his duties.Mr Maloney said Mr O’Shea and Mr Gilroy were “toying” with the court.

Keywords: ODonnell Eviction, Bank of Ireland, Gorse Hill, The New Land League, High Court

Tuesday, April 21, 2015

Irish Economy

Irish Economy

The Budget deficit last year was 4.1pc of the value of the economy, missing the Government's forecast in the Budget, according to official data from the Central Statistics Office.

The figure was broadly in line with expectations in recent months, in part because of extra spending in Health and Justice.

The deficit data comes a week before Finance Minister Michael Noonan and Public Expenditure and Reform Minister Brendan Howlin are due to unveil the so-called spring statement in the Dáil, which will include revised economic forecasts that are thought to reflect the better than expected tax revenues.

In October, the Department of Finance had estimated the deficit would narrow to 3.7pc of gross domestic product (GDP) in 2014.

However, the deficit figure still remains significantly within the 5.1pc target the Government needed to meet under European rules.

Earlier this year the Department of Finance said the Budget deficit would be slightly worse for 2014 than forecast last October because of overruns in Health and extra pay approved for gardaí and prison officers.

In addition, money was set aside to deal with storm repairs caused by extreme weather early last year and a pension package for the workers of Waterford Wedgwood.

Both ministers Noonan and Howlin will make separate statements back-to-back in the Dáil next Tuesday from 2pm, similar to the routine on Budget day. However, neither minister will outline specific tax or spending measures.

Instead, it is expected they will focus broadly on policy direction, while outlining the constraints within which they must still operate.

"Anybody that is expecting to get budgetary measures announced will be disappointed," a spokesman for the Department of Finance said.

The CSO said yesterday that the deficit was €7.63bn last year, an improvement on the 2013 position of €10.15bn.

Government revenue increased by over 6pc to €64.7bn in 2014, while expenditure increased by 1.7pc to €72.3bn over the same period.


Government debt stood at 109.7pc of GDP last year, or €203.3bn. A spokesman for the Department said the deficit figure was in line with what was expected. Goodbody stockbrokers predicted the budget deficit will fall to below 2pc this year as tax revenues come in more than €2bn ahead of target for the year.

Wednesday, April 1, 2015

St Peters, Castlepollard, Disability, Westmeath care home, abuse

St Peters, Castlepollard, Disability, Westmeath care home, abuse

Care-worker Convicted

In February 2014, a HSE 'Care-worker' was convicted before the Circuit Criminal Court in Meath of sexually abusing a child in HSE care, that abuser was supported before, during and after his conviction for paedophile activity by his HSE work colleagues, some of whom had helped conceal the abuse of the child for 20 years,  today we have more horror stories from Westmeath.

St Peters, Castlepollard

A HSE-run care unit for people with disabilities was told to cease admissions and transfer residents that it was unable to care for following a highly critical inspection report.


Inspectors from the Health Information and Quality Authority (Hiqa) conducted an unannounced inspection of St Peter’s Services in Castlepollard, Co Westmeath last December following concerns over the safety and welfare of residents.

Its report highlights a range of concerns including unexplained bruising on some residents, a lack of trained staff and poor access to meaningful activities.

Residents were also forced to use commodes on a daily basis because the toilets were unsuitable.

State of disrepair

One of the two community houses which inspectors visited was found to be in a state of disrepair and was unsuitable to meet the needs of residents.

In all there were 36 breaches of care regulations identified during the inspection.

Among the other concerns highlighted were:

* Governance and management systems in the designated centre were “weak and ineffective”.

* There was no formal induction plan in place for staff and they did not have relevant knowledge to support the residents.

* Some residents had unexplained bruising; while the injuries were documented, there was no evidence that procedures for protecting vulnerable adults from abuse were followed.

* Staff members had not received training to administer medication required for some residents.

* There was an absence of appropriate supports for residents with challenging behaviour.

* There was poor access to the local community as a result of understaffing at the centre.

* There was also no staff supervision in place or assessment of competency of staff. * Toilet facilities were too narrow and staff used en-suite toilets for themselves; this impacted negatively on the dignity of residents.

In a statement, the HSE said a working group was tackling all the actions that needed to be addressed following the inspection.

Governance structures

It said the governance structures had been strengthened and an investigation has also been carried out into the reported incidents of unexplained bruising.

The executive said Hiqa’s findings were unacceptable, and it would continue to work with the authority to improve safety and quality of services.


This latest inspection report followed another inspection of St Peter’s a month previously, which also highlighted concerns over the care and welfare of residents.

Thursday, March 19, 2015

Supreme Court Judgements 2015, McLaughlins, Bank of Scotland, ACC Bank, Delay Litigation, Mr Justice Frank Clarke

Supreme Court Ruling

Supreme Court brings down the curtain on ‘delay litigation’, over the past number of years The High Court, Commercial Court, Appeals Court and indeed The Supreme Court have been used as ‘tools’ of ‘delay litigation’. Almost identical to the Modus Operandi of Jail-House-Lawyers, many Cowboy Builders and Property Speculators have learned a few tricks of the legal trade and have abused them in abundance, these abuses have seen fraudsters and in many instances criminals, continuing to profiteer from business operations that should long since have been called in, due to their attachment to Toxic Loans.


Delay litigation has been tolerated due to the desire of the Superior Courts to ensure that ‘justice’ is seen to be done, however, as Ireland begins the recovery process, it is essential that the cancerous growth of ‘delay litigation’ is cut clean off our Judicial system, so that a new generation may breath live back into a badly beaten economy.

Bank of Scotland

A couple have lost their Supreme Court appeal against a decision that Bank of Scotland Plc was entitled to recover some €4 million from them arising from unpaid loans made for property development purposes and to appoint a receiver over certain properties.

Patrick and Roseann McLaughlin, of Foxrock, Dublin, had, in their appeal, argued the 2010 cross-border merger between Bank of Scotland (BOS) and Bank of Scotland (Ireland) (BOSI) did not involve the transfer of any securities held by BOSI to BOS.

Their appeal was given a priority hearing by the Supreme Court because, if that argument was upheld, it would have what Mr Justice Frank Clarke described as a “profound” effect on the position of BOS and would also potentially impact other cross-border mergers.

In unanimous judgments yesterday, the three-judge Supreme Court dismissed the McLaughlins’ argument. It ruled that the security held by BOSI over the McLaughlins’ properties was an “asset” of BOSI within the meaning of the relevant 2005 EC Directive on cross-border mergers, which had passed to BOS on the coming into effect of the relevant merger.

The court also refused as unnecessary the couple’s application to have issues, including the meaning of the word “assets” in the 2005 EC Directive, referred to the European Court of Justice for determination.

Decision upheld

Based on that and other findings, the court upheld a High Court decision BOS was entitled to recover some €4.06 million from the couple arising from the loans dating from 2008 and had validly appointed Tom Kavanagh receiver over certain properties on which various loan facilities were secured.

In their appeal, the couple also claimed they had had an arrangement with BOSI that it would not call in the relevant loans until their residence, “Latona”, Torquay Road, Foxrock, had been sold. They said that they intended to move to smaller accommodation and took out a bridging loan to buy another property at Kerrymount Rise, Foxrock.

Dismissing that point, Mr Justice Clarke said if the evidence was that there may have been “some sort of vague understanding or acceptance” by the parties some latitude might be given to the couple if there was difficulty selling Latona.

However, the judge said there was no evidence to establish a legal obligation on the part of the bank to refrain from calling in the loan until Latona was sold.

The judge also said there was also no evidence to suggest BOSI/BOS ever agreed, as the couple claimed, to forego any entitlement to recover any shortfall if the property was sold for a sum insufficient to clear the loans.

The judge said that the issue was not whether it might or might not have made business sense for the lender to wait, as “it probably did”. The issue was rather whether the lender was “legally obliged” to wait, and it was not.

The court said another issue, also of potentially wider significance, was whether the failure to specifically register BOS as the new registered owner of charges originally executed in favour of BOSI meant, at least where registered lands were affected, neither BOS nor the receiver could enforce the charge.

In her judgment specifically addressing that point, Ms Justice Mary Laffoy said she was satisfied, as a matter of contract, BOS had power independent of the provisions of the 1964 Registration of Title Act to appoint the receiver under the terms of a 2006 charge between the couple and BOSI.

Ms Justice Laffoy held that although BOS was not registered as owner of the 2006 charge, the receiver was validly appointed.


Supreme Court Judgements 2015, McLaughlins, Bank of Scotland, ACC Bank, Delay Litigation, Mr Justice Frank Clarke