For anyone interested IMPORTANT LEGAL NOTIFICATION > On Thursday, 22nd of January, Tom Darcy, a founder member of Legal & Equitable, lodged a Constitutional challenge to the Land and Conveyancing Law Reform Act of 2013 (copy attached) on the grounds that critical sections of the Act are contrary to the Constitution of Ireland in that they are retroactive i.e. they alter the legal rights of citizens in retrospect. Not only is this contrary to the Irish Constitution, it is contrary to the fundamental principles of the rule of law. > At this moment thousands of cases for repossession of family homes are being railroaded through the Irish Courts by Irish and foreign Banks, and the vulture funds that have bought their debts, in order to pick over the bones of the Irish economy at the expense of ordinary house-owners. Many of these cases rely on the contested provisions of the 2013 Act. In the light of this challenge, which Constitutional lawyers are confident will succeed, it would be very unwise for these Banks and/or funds and their respective sponsors to continue their assault on Irish households as the likely outcome is that any order for repossession made while this challenge is ongoing will be eventually overturned to the cost of those same banks and vulture funds. > The Irish Courts, at every level, should be aware of this challenge and be extremely cautious in dealing with claims for possession of family homes in the interim. It is not within the power of a lower court to determine this challenge on the hoof, it is for the Supreme Court alone, taking into account Ireland’s obligations under the European Convention on Human Rights and Fundamental Freedoms, to determine the constitutionality of any piece of legislation. Anyone facing repossession of their home should seek advice and bring this challenge to the attention of any court hearing their case. Several voluntary groups and bodies will provide advice on when and how best to raise this in court. For a full list of those bodies you can contact Legal & Equitable via e-mail at: [email protected]. > NOTE: Legal & Equitable (L&E) is a registered Partnership formed to provide a conduit for people in Ireland to access competent and experienced legal support in dealing with Banks and other financial institutions. L&E has developed links with European based QA Legal and QA Chambers whose members are highly experienced in banking and finance law across a range of specialisms including law, banking operations, lending, derivatives, insolvency, contract law and more. > Legal & Equitable can be contacted at: Innovation Campus, DCU, Glasnevin Hill, Dublin 9. Tel: (086) 2556219, (01) 9072780; E-mail: [email protected]. > QA Chambers is located at: Kurfursenstrasse 114, Berlin 10787
Posted on: Tue, 27 Jan 2015 10:44:35 +0000
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