Pepper Finance Corp v Cannon & Anor [2020] IESC 2 (04 February 2020)

Pepper Finance Corp v Cannon & Anor [2020] IESC 2 (04 February 2020)

The Supreme Court has jurisdiction to hear an appeal from the High Court on a Circuit Court appeal under Article 34.5.4º of the Constitution, notwithstanding s.39 of the Courts of Justice Act 1936, provided the constitutional criteria are met. The Éire Continental criteria for extension of time to appeal remain applicable but are guidelines, not rigid rules. In this case, the appellants failed to meet the first two criteria (intention to appeal and mistake), and there was no justification to recalibrate these criteria solely because EU law rights were invoked. The ordinary time-limits and finality principles do not breach EU law's requirements of equivalence and effectiveness. The County...

Citation
[2020] IESC 2
Parties
Respondent/plaintiff: Pepper Finance Corporation (Ireland) DAC; Appellant/defendant: Brian Cannon; Appellant/defendant: Christina Cannon
Jurisdiction
Ireland
Judgment Date
04 February 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court (which Was Itself an Appeal From Circuit Court)
Outcome
Appeal dismissed
Legal Topics
Appellate Jurisdiction, Extension of Time to Appeal, Unfair Contract Terms, Mortgage Enforcement, Finality of Judgments, EU Directive 93/13/ec, Res Judicata
Constitutional Law Civil Procedure Consumer Law EU Law Contract Law Appellate Jurisdiction Extension of Time to Appeal Unfair Contract Terms +4 more

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 27 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pepper Finance Corporation (Ireland) DAC

Respondent/plaintiff

Brian Cannon

Appellant/defendant

Christina Cannon

Appellant/defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court (which Was Itself an Appeal From Circuit Court)

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to hear an appeal from the High Court on a Circuit Court appeal in light of the 33rd Amendment and s.39 of the Courts of Justice Act 1936
  2. 2 Whether the criteria for extension of time to appeal (Éire Continental criteria) should be recalibrated in light of EU law
  3. 3 Whether the County Registrar was obliged to assess the fairness of mortgage terms under EU Directive 93/13/EC and the implementing regulations

Ratio Decidendi

The Supreme Court has jurisdiction to hear an appeal from the High Court on a Circuit Court appeal under Article 34.5.4º of the Constitution, notwithstanding s.39 of the Courts of Justice Act 1936, provided the constitutional criteria are met. The Éire Continental criteria for extension of time to appeal remain applicable but are guidelines, not rigid rules. In this case, the appellants failed to meet the first two criteria (intention to appeal and mistake), and there was no justification to recalibrate these criteria solely because EU law rights were invoked. The ordinary time-limits and finality principles do not breach EU law's requirements of equivalence and effectiveness. The County...

Court Disposition

Appeal dismissed

Orders

  • Refusal to extend time to appeal affirmed
  • No further order as to costs stated