Civil case struck out after dead woman named in proceedings
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Re-possession proceedings against a Dublin couple were struck out at the Circuit Civil Court yesterday after a judge refused to amend the proceedings to remove references to a dead defendant, the Irish Independent reports.
AIB Mortgage Bank, which issued proceedings against Richard Birchall and Anne Marie Birchall last year, applied to Judge Jacqueline Linnane for references to Ms Birchall to be removed due to her death in 2007.
However, the court heard that AIB had been aware of her death as early as 2009.
Judge Linnane refused the bank’s application and struck out the case, which sought the re-possession of the Birchalls’ home at St Andrew’s Grove, Malahide.
She told the solicitor for AIB: “These proceedings should never have been brought, the bank being aware that Ms Birchall had passed away.
“You can start again and have your endorsement of claim corrected.”
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