Permanent TSB Plc -v- Langan [2016] IECA 229 (28 July 2016)

Permanent TSB Plc -v- Langan [2016] IECA 229 (28 July 2016)

The Circuit Court has no jurisdiction to hear possession proceedings in respect of domestic dwellings that are unrateable under the Valuation Act 2001, unless the case falls within the exceptions provided by Part 10 of the Land and Conveyancing Law Reform Act 2009 (for mortgages created after 1 December 2009) or s. 3 of the Land and Conveyancing Law Reform Act 2013 (for principal private residences). As neither exception applies, the Circuit Court lacked jurisdiction in this case.

Citation
[2016] IECA 229
Parties
Plaintiff / Respondent: Permanent TSB PLC; Defendant / Appellant: David Langan
Jurisdiction
Ireland
Judgment Date
28 July 2016
Procedural Posture
Case Stated (appeal on Jurisdiction) / Court of Appeal Judgment on Case Stated From High Court
Outcome
Circuit Court lacked jurisdiction; questions answered as per judgment.
Legal Topics
Circuit Court Jurisdiction, Rateable Valuation, Possession Proceedings, Valuation Act 2001, Land and Conveyancing Law Reform Act 2013
Civil Procedure Property Law Jurisdiction Circuit Court Jurisdiction Rateable Valuation Possession Proceedings Valuation Act 2001 Land and Conveyancing Law Reform Act 2013

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Permanent TSB PLC

Plaintiff / Respondent

David Langan

Defendant / Appellant

Procedural Posture

Case Stated (appeal on Jurisdiction) / Court of Appeal Judgment on Case Stated From High Court

Legal Issues

  1. 1 Whether the Circuit Court has jurisdiction to hear possession proceedings for unrateable domestic dwellings under the Valuation Act 2001
  2. 2 Interpretation of s. 22(1) of the Courts (Supplemental Provisions) Act 1961 and the Third Schedule
  3. 3 Effect of the Valuation Act 2001 on Circuit Court jurisdiction in land matters

Ratio Decidendi

The Circuit Court has no jurisdiction to hear possession proceedings in respect of domestic dwellings that are unrateable under the Valuation Act 2001, unless the case falls within the exceptions provided by Part 10 of the Land and Conveyancing Law Reform Act 2009 (for mortgages created after 1 December 2009) or s. 3 of the Land and Conveyancing Law Reform Act 2013 (for principal private residences). As neither exception applies, the Circuit Court lacked jurisdiction in this case.

Court Disposition

Circuit Court lacked jurisdiction; questions answered as per judgment.

Orders

  • Questions stated by the High Court answered: (1) Yes (subject to Q3); (2) No; (3) Circuit Court not entitled to proceed to judgment in respect of unrateable domestic dwellings unless exceptions apply; (4) and (5) do not arise.