Recent High Court Case highlights the importance of accurate drafting

Recent High Court Case highlights the importance of accurate drafting of demand letters

GE Capital Woodchester Home Loans Ltd v. John Reade and Dympna Reade [2012] IEHC 363 (High Court, Laffoy J, 22 August 2012)

The High Court dismissed the claim by the mortgagee, GE Capital Woodchester Home Loans, for possession of premises pursuant to Section 62 of the Registration of Title Act 1964, on the grounds that it had failed to establish that it had demanded repayment of the principal sum in accordance with the provisions of the charge. The Judge found that on the basis of analysis of the 'final demand' letters to the defendants, the evidence did not establish that repayment of the principal money had become due prior to the initiation of these proceedings, because of the absence of the demand for the entire balance as required the Charge.

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