Pepper Finance Corp v Cannon & Anor (Rev 1) [2020] IESC 2 (04 February 2020)

Pepper Finance Corp v Cannon & Anor (Rev 1) [2020] IESC 2 (04 February 2020)

The Supreme Court has jurisdiction to hear an appeal from the High Court on a Circuit Court appeal post-33rd Amendment if constitutional criteria are met. The Éire Continental criteria for extension of time to appeal remain applicable and were not satisfied by the appellants, who failed to form an intention to appeal within time or show a relevant mistake. EU law does not require a recalibration of these criteria, as national time-limits are not rendered impossible or excessively difficult by their application. The County Registrar was aware of her obligations under the Directive and Regulations, and there was no evidence of unfairness in the mortgage terms that would justify extending...

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 Appeal From High Court Decision on Circuit Court Appeal
Outcome
appeal dismissed
Legal Topics
Extension of Time to Appeal, Unfair Contract Terms, Mortgage Possession, EU Law in National Courts, Finality of Judgments
Civil Procedure Consumer Protection Contract Law Constitutional Law Extension of Time to Appeal Unfair Contract Terms Mortgage Possession EU Law in National Courts +1 more

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Parties

Pepper Finance Corporation (Ireland) DAC

Respondent/plaintiff

Brian Cannon

Appellant/defendant

Christina Cannon

Appellant/defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision on Circuit Court Appeal

Legal Issues

  1. 1 Does the Supreme Court have jurisdiction to hear an appeal from the High Court on a Circuit Court appeal post-33rd Amendment?
  2. 2 What are the criteria for extending time to appeal under Éire Continental?
  3. 3 Does EU law require recalibration of national time-limit rules for appeals in consumer contract cases?

Ratio Decidendi

The Supreme Court has jurisdiction to hear an appeal from the High Court on a Circuit Court appeal post-33rd Amendment if constitutional criteria are met. The Éire Continental criteria for extension of time to appeal remain applicable and were not satisfied by the appellants, who failed to form an intention to appeal within time or show a relevant mistake. EU law does not require a recalibration of these criteria, as national time-limits are not rendered impossible or excessively difficult by their application. The County Registrar was aware of her obligations under the Directive and Regulations, and there was no evidence of unfairness in the mortgage terms that would justify extending...

Court Disposition

appeal dismissed

Orders

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