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Court of Appeal allows appeal of High Court refusal to set aside an order of possession of a family home where it was claimed that proceedings were not properly served and there was no consent to the order being made, on the grounds that proper service could not be confirmed; and while the court somewhat sceptical of the contention that the order of the High Court drawn up in relation to these proceedings was in error to the extent claimed, it was nevertheless a concern that service and consent were lacking.
Mortgages – service – appeal of possession order – Order 12, r. 26 and / or Order 13, r. 11 of the Rules of the Superior Courts – High Court refused to set aside the order of possession – service of the proceedings – Order 9, r. 4 – Order 41, r. 15 – whether Mr. Tierney was adequately served with the proceedings – whether there was consent to grant a possession order in relation to a family home – there is sufficient concern that Mr. Tierney was not aware of proceedings and did not consent – appeal allowed.
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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