The Governor and Company of Bank of Ireland v Blanc & Anor [2020] IEHC 18 (15 January 2020)

The Governor and Company of Bank of Ireland v Blanc & Anor [2020] IEHC 18 (15 January 2020)

There was unassailable default by defendants by January 2016, entitling plaintiff to possession under contract; Circuit Court correctly awarded possession.

Citation
[2020] IEHC 18
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Defendant/appellant: Adrian Blanc; Defendant/appellant: Lucille Blanc
Jurisdiction
Ireland
Judgment Date
15 January 2020
Procedural Posture
Circuit Court Appeal / Judgment on Appeal
Outcome
Appeal dismissed; Circuit Court decision affirmed.
Legal Topics
Mortgage Possession, Default, Unfair Contract Terms, Tracker Mortgage, Consumer Credit Act, EU Directive Compliance
Property Law Banking Law Consumer Protection Mortgage Possession Default Unfair Contract Terms Tracker Mortgage Consumer Credit Act +1 more

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Adrian Blanc

Defendant/appellant

Lucille Blanc

Defendant/appellant

Procedural Posture

Circuit Court Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff was entitled to possession of the property due to default
  2. 2 Whether the loan and mortgage terms were unfair or breached consumer protection legislation
  3. 3 Whether the change from ECB minimum bid rate to fixed rate breached contract or EU Directive

Ratio Decidendi

There was unassailable default by defendants by January 2016, entitling plaintiff to possession under contract; Circuit Court correctly awarded possession.

Court Disposition

Appeal dismissed; Circuit Court decision affirmed.

Orders

  • Possession of 36 Brighton Avenue, Foxrock, Dublin 18 awarded to plaintiff bank.