Government examining impact of High Court ruling on repossession cases

The Department of Justice is examining the impact of a High Court ruling in which a bank’s application for summary judgment against a farmer and his wife was refused due to EU rules on unfair contracts.

Minister of State Dara Murphy told TDs that Justice Minister Frances Fitzgerald is aware of the ruling.

The subject was raised in the Dáil by Catherine Martin, deputy leader of the Green Party, who said that Ms Fitzgerald needed to reassure families facing the repossession of their homes that she had done all in her power to protect them.

Ms Martin also referred to reports of comments by Edmund Honohan, master of the High Court, who said the rules and procedures of the Circuit Court “need to be updated to allow for a hearing with regard to EU legislation on unfair contract terms”.

Responding, Mr Murphy said: “On behalf of the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, I thank the Deputy for raising this matter.

“The Tánaiste appreciates her interest in these current developments and is aware of the High Court decision referred to.

“She wishes to reassure the Deputy that this is being examined by the Department and the matter will be kept under review in terms of any definitive additional obligations which may arise and in terms of how the Department and the House may deal with them.”

Mr Murphy said there would be “a further update in the very near future with respect to development in the case”.