Irish_Property_Law-3-1

Irish Property Law Update - Issue 93

The December edition of our Irish Property Law Update contains a comprehensive overview of recent case law relating to the enforcement of security, as well as covering a wide range of other issues. Follow the link below for a free trial of our online services. An excerpt from this section reads:

'In Tanager DAC v Ryan [2019] IEHC 694 Simon J, in a follow up to his previous ruling that the lender could not execute a possession order it had obtained once the borrower obtained a protection certificate under the personal insolvency legislation, ruled that the normal costs rule should apply. He rejected the lender’s argument that the case was a ‘test’ case on the application of that legislation. In the Judge’s view the ‘event’ for costs purposes was his ruling in favour of the borrower and so the costs should follow that event. This required the lender to pay the borrower’s costs both in respect of the application for the protection certificate and the costs incurred in respect of the lender’s application for a possession order in the Circuit Court and the subsequent appeal against its grant to the High Court.'

 

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