Permanent TSB plc -v- Langan & anor [2017] IESC 71 (12 December 2017)

Permanent TSB plc -v- Langan & anor [2017] IESC 71 (12 December 2017)

The Circuit Court has jurisdiction to entertain possession proceedings in respect of property that does not have a rateable valuation, as the statutory exclusion only applies where the property actually has a rateable valuation exceeding €253.95. The absence of a rateable valuation does not exclude jurisdiction. Jurisdiction must be established by evidence that the property does not have a rateable valuation or that any such valuation does not exceed the threshold. The constitutional requirement of 'limited' jurisdiction is satisfied by the defined category of case.

Citation
[2017] IESC 71
Parties
Plaintiff/appellant: Permanent TSB plc; Defendant/respondent: David Langan; Intervenor: The Attorney General
Jurisdiction
Ireland
Judgment Date
12 December 2017
Procedural Posture
Appeal / Supreme Court Appeal From Court of Appeal, on Case Stated From High Court
Outcome
Appeal allowed
Legal Topics
Circuit Court Jurisdiction, Rateable Valuation, Possession Proceedings, Interpretation of Courts (supplemental Provisions) Act 1961, Valuation Act 2001, Constitutional Limits on Court Jurisdiction
Civil Procedure Property Law Jurisdiction Circuit Court Jurisdiction Rateable Valuation Possession Proceedings Interpretation of Courts (supplemental Provisions) Act 1961 Valuation Act 2001 +1 more

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Parties

Permanent TSB plc

Plaintiff/appellant

David Langan

Defendant/respondent

The Attorney General

Intervenor

Procedural Posture

Appeal / Supreme Court Appeal From Court of Appeal, on Case Stated From High Court

Legal Issues

  1. 1 Whether the Circuit Court has jurisdiction in possession proceedings concerning residential property with no rateable valuation under the Valuation Act 2001
  2. 2 Proper interpretation of the jurisdictional threshold in the Courts (Supplemental Provisions) Act 1961 Third Schedule
  3. 3 Whether the absence of a rateable valuation excludes Circuit Court jurisdiction

Ratio Decidendi

The Circuit Court has jurisdiction to entertain possession proceedings in respect of property that does not have a rateable valuation, as the statutory exclusion only applies where the property actually has a rateable valuation exceeding €253.95. The absence of a rateable valuation does not exclude jurisdiction. Jurisdiction must be established by evidence that the property does not have a rateable valuation or that any such valuation does not exceed the threshold. The constitutional requirement of 'limited' jurisdiction is satisfied by the defined category of case.

Court Disposition

Appeal allowed

Orders

  • Questions in the case stated answered as per section 8 of the judgment: Circuit Court jurisdiction is not excluded by absence of rateable valuation; jurisdiction exists unless property has a rateable valuation exceeding €253.95; jurisdiction must be established by admissible evidence of rateable valuation or its...