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Supreme Court grants leave to appeal Court of Appeal decision in Permanent TSB Plc v Langan [2016] IECA 229

01/12/2016

Locations

Ireland

On 17 November 2016, the Supreme Court granted leave to Permanent TSB Plc (the “Bank”) to appeal the decision of the Court of Appeal in Permanent TSB Plc v Langan [2016] IECA 229. In that case, Mr Justice Hogan held that if a property is not rateable by virtue of the Valuation Act 2001 or otherwise, the Circuit Court has no jurisdiction to hear proceedings for possession. Please click herefor a discussion by McDowell Purcell of the background and decision in that case.The ...

On 17 November 2016, the Supreme Court granted leave to Permanent TSB Plc (the “Bank”) to appeal the decision of the Court of Appeal in Permanent TSB Plc v Langan [2016] IECA 229. In that case, Mr Justice Hogan held that if a property is not rateable by virtue of the Valuation Act 2001 or otherwise, the Circuit Court has no jurisdiction to hear proceedings for possession. Please click here for a discussion by McDowell Purcell of the background and decision in that case.

The Bank subsequently applied to the Supreme Court for leave to appeal under Article 34.5.3 of the Constitution on grounds that the matter is one of general public importance. Referring to the statement of the judgment in the Court of Appeal that the conclusions of the Court “are likely to lead to consequences which are both unfortunate and unintended” and will “create additional costs for litigants and will serve to deprive the parties of access to local courts in a manner which the Constitution actually intended”, the Bank contended that, as well as it being of public importance that such consequences are avoided if possible, it is also in the interests of justice that additional costs for litigants are avoided and access to local courts preserved.

Please click here to access the full judgment of the Court of Appeal in Permanent TSB Plc v Langan.

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