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High Court overturns a possession order made by the Circuit Court regarding a family home, finding that the lower court lacked jurisdiction under the applicable statute. The appeal was granted on the basis that the second defendant did not fall within the statutory definitions necessary to confer jurisdiction on the Circuit Court. The Court also indicated that, had it found jurisdiction, the plaintiff had established the necessary proofs for possession. However, the primary decision was based on the jurisdictional issue, rendering the possession order invalid.
Land and Conveyancing Law Reform Act 2013 - Family Home Protection Act 1976 - Circuit Court - High Court - jurisdiction - principal private residence - mortgagor - conveyance - possession order - appeal - charge registration - Land Registry - beneficial interest - statutory rights - Legal Services Regulation Act 2015 - costs.
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