Barclays Bank Plc trading as The Woolwich v Cregan Boyd and Paula Boyd
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 2015 |
| Neutral Citation | [2015] NICh 16 |
| Year | 2015 |
| Court | Chancery Division (Northern Ireland) |
| Date | 01 December 2015 |
1
Neutral Citation No. [2015] NICh 16 Ref: DEE9469
Judgment: approved by the Court for handing down Delivered:
01/12/2015
b
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
2009/67544
________
THE WOOLWICH
Amended by Order of 27 November 2015 to
BARCLAYS BANK PLC trading as THE WOOLWICH
Plaintiffs
v
CREGAN BOYD AND PAULA BOYD
Defendants
________
DEENY J
Introduction
[1] This is a case which raises issues as to the extent of the discretion of the court
in an application for a stay for an order for possession of a dwelling house and the
exercise of any discretion. It arises in the following way.
[2] The defendants, Cregan and Paula Boyd, a married couple, purchased a
property in Belfast, as their home in 2000 for £135,000. They did so with the
assistance of a mortgage from the Woolwich, now a division of Barclays Plc. I accede
to the belated application of the Plaintiff to amend its name on these proceedings. A
further £90,000 was advanced for “major construction work on the property”.
[3] In 2006 they re-mortgaged the property. They were given a current account
facility up to £100,000 as well as the actual re-mortgage in the sum of £247,500 on the
house, presumably reflecting the perceived increase in its value at that time.
[4] Considerable drawdown took place by the defendants on the current account
and by 14 October 2009 it stood at a debit balance of £106,332.52.
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