the Circuit Court did not have jurisdiction, the defendants dwelling was neither rated nor rateable and accordingly the Circuit Court did not have Jurisdiction to hear the Plaintiffs claim.
Anthony Connor of Direct Democracy Ireland and The National Land League stated the rateable value can be explained simply: the Circuit Court can only hear cases that are under the value of €75,000. Anything over that is out of the Circuit Court's Jurisdiction and must be heard in the high Court. So why was yesterday’s ruling so important? It means now that the fast track system the banks were so reliant on can now be challenged giving families not only longer in their homes but it gives them longer to reach an amicable agreement with the banks and in turn may see the banks more willing to go into talks with struggling families.
Anthony went on to say this is an immense step forward in our fight to save the homes of hundreds of families facing the ruthless reality of eviction. The banks tried in vain by maintaining they had invoked and were entitled to the provisions of the valuation act in a letter issued by the Valuations office was sufficient: both these assertions are manifestly unfounded on the evidence. And the judge ruled against them. The home in the case that had been re-possessed was then returned to the family paving the way for many future appeals.
So what are the implications of the ruling? Firstly, we can expect that banks will be left with no choice but to withdraw their current applications in the Circuit Courts for possession of family homes. If you are in court over the next while demand a strike out. If an Order has been made on your home, it can be considered null and void and as having never existed. Contact your local Sheriff over the next few days and ask what the ruling means for you,. Meanwhile the various anti-eviction groups around the country will be forwarding the judgement to all Registrar’s and Sheriff’s and requesting their current position in light of the ruling.
If anyone is facing the prospect of court or increasing pressure from their bank please get in touch with The National Land League or The Hub Ireland.