Capital Home Loans Limited v Liam Joseph Vallely practising as Liam Vallely & Co, solicitors
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Judgment Date | 02 June 2016 |
| Neutral Citation | [2016] NIMaster 3 |
| Date | 02 June 2016 |
| Year | 2016 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation: [2016] NIMaster 3
Ref:
2016NIMaster3
Judgment: approved by the Court for handing down
Delivered:
2/6/16
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
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BETWEEN:
Capital Home Loans Limited
Plaintiff;
and
Liam Joseph Vallely practising as Liam Vallely & Co, solicitors
Defendant.
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Master Bell
Introduction
[1] This judgement deals with two applications. The first
application is an application by the defendant to set aside service of
the writ. The second application is an application by the plaintiff to
extend validity of the writ. Mr Gibson appeared on behalf of the
plaintiff and Mr Gowdy appeared on behalf of the defendant. Both
counsel made oral submissions and furnished the court with skeleton
arguments.
The Context
[2] The pre-action Letter of Claim explains the context of these
applications. Capital Home Loans Limited (hereafter referred to as
“CHL”) was a client of Mr Vallely who was retained by them to act
on its behalf. Part of CHL’s instructions to Mr Vallely was that his
firm must act in accordance with the conditions contained in the
Mortgage Offers, the Council of Mortgage Lenders’ Handbook for
Northern Ireland, and CHL’s Part 2 Instructions. CHL made
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