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High Court dismisses injunctive proceedings to restrain the repossession of the applicant's family home, based upon points that the applicant is a consumer and should be protected by the "Unfair Terms Directive”, finding that legal points based upon EU law which are now sought to be raised could have been raised in the earlier proceedings, and the jurisprudence of the Court of Justice of the European Union concerning the Unfair Terms Directive does not require an exception to this principle in the present circumstances.
Mortgages – order for possession – plaintiff seeks an injunction to restrain the repossession of his family home, based upon points of European law – there have already been two sets of proceedings in connection with the matter – Council Directive 93/13/EEC (5th April 1993), the “Unfair Terms Directive” – mortgage contract between a customer and a bank – whether the contract may contain terms prohibited by the Directive – res judicata and abuse of process – Communities (Unfair Terms in Consumer Contracts) Regulations, 1995, S.I. 27/1995 – O. 19, r. 28 of the Rules of the Superior Courts – present proceedings fall foul of the principle in Henderson v. Henderson – legal points based upon EU law which are now sought to be raised could have been raised in the earlier proceedings – application to dismiss the proceedings granted.
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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