Philip Boyd Trimble and James William Trimble and John Patrick Cassidy and Stephen McKenna
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Judgment Date | 29 April 2022 |
| Neutral Citation | [2022] NICh 7 |
| Court | Chancery Division (Northern Ireland) |
| Date | 29 April 2022 |
1
Neutral Citation No: [2022] NICh 7
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McB11810
ICOS No: 2021/64632
Delivered: 29/04/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
PHILIP BOYD TRIMBLE
and
JAMES WILLIAM TRIMBLE
Plaintiffs
and
JOHN PATRICK CASSIDY
First Defendant
and
STEPHEN McKENNA
Second Defendant
___________
Mr Brown Barrister-at-Law (instructed by Thompson Mitchell Solicitors) for the Plaintiffs
Mr A J S Maxwell Barrister-at-law (instructed by Roche McBride, Solicitors) for the First
Defendant
Rafferty & Donaghy Solicitors for the Second Defendant
___________
McBRIDE J
Introduction
[1] This case considers the nature and extent of the protection afforded by section
21(2) of the Conveyancing and Law of Property Act 1881 (“the 1881 Act”) to a
purchaser buying from a mortgagee or a fixed charge receiver.
Application
[2] By writ issued on 10 August 2021 the plaintiffs seek, inter alia, a declaration
that they are the legal and beneficial owners of lands situate and known as
Tullybroom Road, Clogher, Co Tyrone, BT6 0UW and contained within Folio 26673
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