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 |
The High Court refused to grant summary possession of a property comprising a family home and licensed premises to a bank, instead directing that the matter proceed to a plenary hearing. The decision was driven by the defendant company raising credible, factually unchallenged defences—including claims that a set-off may apply arising from disputed investment advice provided by the bank, and that the summary process was invoked on an uncertain legal basis—alongside arguments about regulatory code compliance. The court determined that, given the family's long residence and potentially complex factual and legal issues, further evidence and submissions were required before determining ownership and possession rights.
order for possession – family home – licensed premises – mortgage arrears – bank loan restructuring – right of set-off – investment advice – plenary hearing – Code of Conduct on Mortgage Arrears (CCMA) – jurisdictional basis – summary procedure – Registration of Title Act 1964 – Land and Conveyancing Law Reform Act 2009 – Belfry investment – SME Code – grounds for possession
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 e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now