Lis pendens not registrable in claims challenging appointment of receivers

Overview

In a judgment delivered on 21 January 2026 in Goldstein Property ICAV v RELM Loan Opportunities 2 DAC & Ors [2026] IEHC 29, the High Court (Mr Justice Twomey) held that proceedings challenging the appointment of receivers are not litigation in which a claim is made to an interest in land and are, thereby, not registrable as a lis pendens.

While this issue will ultimately need to be settled by the Court of Appeal or the Supreme Court, the decision provides welcome clarification (for now) in relation to an issue in respect of which there are competing High Court authorities.

The practical significance of this approach, as noted by the Court, is that parties cannot simply issue such proceedings and register a lis pendens (which can effectively prevent a sale for several years) but must instead convince a court that they are entitled to an injunction preventing the sale of the land.

Background

The substantive dispute concerned the appointment of receivers over a portfolio of 47 commercial real estate properties which was security for lending for which the borrower’s indebtedness was over €150 million. The borrower claimed that the lender made representations and engaged in conduct suggesting that a loan extension of two years (plus an optional further year) would be granted, meaning that the borrower was not in breach of the loan terms and that the lender had no entitlement to appoint the receivers. The lender applied to strike out the proceedings and vacate the lis pendens registered against the properties, arguing that the proceedings were bound to fail and were not validly registrable as a lis pendens.

Decision

The Court refused to strike out the claim, holding that the case was not so weak as to be clearly bound to fail. However, the Court's key holding concerned whether a challenge to a receiver's appointment constitutes litigation "in which a claim is made to an estate or interest in land" for the purposes of section 121(2) of the Land and Conveyancing Law Reform Act 2009 (the section which prescribes the bases on which a lis pendens may be registered).

The Court identified two competing High Court interpretations:

1. Moorview Developments Ltd v First Active PLC [2011] 1 IR 117 (Clarke J.), in which a lis pendens was vacated in litigation against a receiver, representing a narrow interpretation of section 121(2)(a); and
2. Fay v Promontoria (Oyster) DAC [2022] IEHC 483 (Butler J.), which permitted the registration of a lis pendens in relation to litigation against a receiver, representing a broad interpretation.

The Court preferred the narrow interpretation adopted in Moorview, concluding that a receiver's right to transfer land is a contractual right and does not amount to an "interest in land". On this basis, a challenge to a receiver’s appointment is not litigation in which a claim is made to an interest in land such that the borrower was not entitled to register a lis pendens in this instance.

Future developments

While the decision provides some comfort for lenders and receivers, the High Court acknowledged that it was a matter for an appellate court to determine which authority was correct so it will take a decision from the Court of Appeal or Supreme Court to finally settle this issue.

Further, reform in this area is likely on the way. On 6 January 2026, the Government published the General Scheme of a Civil Reform Bill 2025 which is likely to substantially transform the way litigation is conducted in Ireland. One of the various reforms proposed provides that a party which has registered a lis pendens must apply to court within 28 days of its registration for an extension, otherwise the lis pendens will be deemed vacated. If ultimately implemented, this should significantly reduce the scope for the improper use of a lis pendens and the impediment on the sales of properties the subject of a lis pendens.

The judgment can be read in full here.

For further information please contact Kyle Nolan (Partner), Jessica Dunphy (Solicitor) or your usual AMOSS contact.