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High Court, by way of a Circuit Court appeal against an order for possession granted in favour of the respondent bank against the interests of the appellant as the former mortgagee of a family home in Dublin, dismisses appeal on the grounds that the appellant's failure to attend the Circuit Court hearing itself, and failure to obtain legal representation at the time of the hearing, cannot justify the court in overturning the order so made as to do so would encourage other lay litigants not to seek legal advice in the hopes of gaining a litigation advantage later at trial.
Circuit Court Appeal - order for possession of family home granted to bank - appellant not legally represented at time of Circuit Court proceedings and failed to attend hearing - no proposals made to bank at time to engage with a repayment facility - repayments commenced in October 2014 and now amass a figure in excess of €30,000 - whether appellant's actions since making of Circuit Court order sufficient to permit court to grant relief - court cannot encourage lay litigants not to obtain legal representation in the hopes of securing litigation advantage on appeal or otherwise - Circuit Court order affirmed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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