Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Supreme Court dismisses appeal from Court of Appeal, and affirms refusal to allow a borrower to introduce a new defence concerning 'credit service authorisation' based on 2015 legislation. The borrower argued that the plaintiff company, which had acquired the loan, was engaged in credit servicing without the required Central Bank authorisation. As the point was not raised in the original High Court hearing, it would have required new evidence and legal submissions at High Court level. There was no persuasive authority that the 2015 legislation applied to a 2007 loan.
Supreme Court, credit servicing authorization, Central Bank of Ireland, retrospective legislation, Consumer Protection (Regulation of Credit Servicing Firms) Act 2015, Consumer Protection (Regulation of Credit Servicing Firms) (Amendment) Act 2018, Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022, Central Bank Act 1997, appeal, enforcement proceedings, unpleaded defense, constitutional rights, property rights, Article 40.3.2⁰ of the Constitution, Article 34.1 of the Constitution, presumption against retrospective effect, legal certainty, fairness.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now