When Good Service isn’t [good] enough. - €6,971,856.49 Judgment set aside due to debtor’s mental illness
The Court of Appeal in Permanent TSB PLC v David Langan has given its long-awaited Judgment on two conflicting High Court decisions regarding the jurisdiction of the Circuit Court to hear repossession proceedings in the first instance. The Judgement was delivered by Mr. Justice Gerard Hogan on the 28th July 2016 and it was unanimously held that the Circuit Court no longer has jurisdiction to hear repossession cases where the property is defined as not rateable within the meaning of the Valuation Act 2001. The initial confusion stems from two different High Court decisions in Bank of Ireland Mortgage Bank v Finnegan and Bank of Ireland Mortgage Bank v Hanley respectively.
Click here to view our latest legal update. The update discusses a recent case which establishes that an entitlement to appoint a Receiver should not be affected by a Bank’s failure to register a charge, as this should not affect the title of the transferees.
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