Tanager vs. Ralf Kane in the High Court

No, it was highlighted to the European Commission by myself in 2013 in relation to some types of Anglo loans and again in 2015 to the Central Bank of Ireland in relation to Start mortgages. Getting the CBI to investigate takes time, evidence must be gleaned and provided in proper format. Then the CBI enters supervisory engagement with the firm. Finally, if that does not work they issue administrative sanction procedures and enforcement procedures in relation to the fitness and probity regime within the said firm. No Rolf was not the cause of the CBI action nor did he invent the wheel.
However, he has done very well as a lay litigant and has given a good account of himself during the two day hearing, especially given the recent tragic family circumstances that befell him. He now has an opportunity (with the permission of the High Court) to ask the Court of Appeal appropriate questions in relation to any points he raised as a defence on affidavit or in oral evidence during the hearing.
 
Is this thread the only one about Rolf Kane?

https://www.irishtimes.com/news/cri...-on-key-issue-in-repossession-order-1.3300972

Burgess made reference to why was European law involved in the case, but here it is mentioned

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Here's a much better description of the legal issues

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Seems to me Kane has a very good chance of winning the argument that the mortgage charges can not be registered with the PRA. I would have thought that the PRA has sought legal advice on this behind the scenes.

But even if that is the case, where would that be of benefit to Kane, does it mean Tanager cannot enforce the repayment of the mortgage.

Here's the actual court judgment

http://courts.ie/Judgments.nsf/0985...ec16b1f24ec176c3802581e100567fec?OpenDocument
 
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Extraordinary legal incompetence by the lawyers for BOS not to have registered the charge, and what of Tanagers purchasing lawyers on their legal team not to have spotted this.

Can the banks sue their lawyers for this. Probably inhouse. So I guess not.

PRA

Amazing incompetence by them too. It seems to me.

Next

Either Kane or Tanager has to ask the judge to send the questions off to the Court of Appeal for legal direction. One presumes this is being done?

Simple summary of the legal issues around title

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Bronte said:
Extraordinary legal incompetence by the lawyers for BOS not to have registered the charge, and what of Tanagers purchasing lawyers on their legal team not to have spotted this.

Can the banks sue their lawyers for this. Probably inhouse. So I guess not.

PRA

Amazing incompetence by them too. It seems to me.

Next

Either Kane or Tanager has to ask the judge to send the questions off to the Court of Appeal for legal direction. One presumes this is being done?

Simple summary of the legal issues around title

[broken link removed]
Click to expand...

The lawyers were not in house, as already stated on the AAM forum, in relation to the transfers of charge Arthur Cox represented the seller BOS Plc and A L Goodbody represented the buyer Tanager Limited. A L Goodbody are also on record for Tanager in the Kane case with Cian Ferriter Senior counsel and Gary Hayes Junior Counsel respectively.

With regard to the PRA, they receive vast volumes of transfer documentation in relation to properties within the State. They are obliged to take each application at face value (in other words not to question it's bona fide, this is how solicitors Michael Lynn, Thomas Byrne etc. and others defrauded many property owners of their properties, and maybe this situation needs to change.)

As far as I am aware Rolf Kane has made no submissions to date, to the High Court in relation to questions to be answered by the Court of Appeal. (schoolboy error)
 
Re getting Solicitor/Counsel: Julie Sadlier with Kieran Mulcahy Solicitors in Limerick might be worthwhile talking to...She has an interesting article in November 2017 Law Gazette.
 
Seamus Downes solicitor with Ronan Murphy as senior counsel would be my premiere choice.(no connection with either by the way)
 
Seems mr kane has served plenary summonses on Tanager the P.R.A and BoS. Just as the latter two were trying to sneak in the back door, mr.kane met them at the front door!!!!. Well played Rolf kane
 
Seems mr kane has served plenary summonses on Tanager the P.R.A and BoS. Just as the latter two were trying to sneak in the back door, mr.kane met them at the front door!!!!. Well played Rolf kane

Hi Open air Can you tell me how this will work for Mr Kane ? and what is the positive with this tactic? Thanks
 
  1. BOS plc where never registered as owners of the charges on most mortgages sold to Tanager as they where registered to BOSI or The governor and company of BOS. So had they the right to sell these on to Tanager?
  2. The PRA new this but still registered Tanager as the owners of the charges.
  3. By law you have to be registered as owner before selling on a charge.. It will be very interesting to see how it all pan's out
 
I just checked it out here and there doesn't appear to be any order yet

Tanager DAC v Kane 2017/12

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This is the High Court list.

Is there a separate list for the Court of Appeal?

Brendan
 
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