Judgment throws doubt on Circuit Court jurisdiction over possession orders
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The Court of Appeal has ruled that the Circuit Court has no powers to make possession orders for domestic properties, The Irish Times reports.
In a significant judgment with “unfortunate and unintended” consequences for future cases, including beyond possession cases, the Court of Appeal ruled that the Circuit Court had no jurisdiction to make possession orders for six domestic properties.
According to the judgment, the Circuit Court has no jurisdiction over property to which the Valuation Act 2001 does not apply.
Possession proceedings that do not fall within exceptions created by the Land and Conveyancing Law Reform Act 2009 and the Land and Conveyancing Act 2013 must be brought in the High Court.
This is likely to affect cases where a dwelling was built after May 2002; where a mortgage was entered into before December 2009; and where repossession proceedings were initiated before July 2013.
Mr Justice Gerard Hogan said it will create additional costs for litigants and deprive the parties of access to local courts.
He also said the general jurisdiction of the Circuit Court to deal with property disputes is now thrown into doubt.
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