Leeds Building Society -v- Brady & Anor [2017] IECA 271 (20 October 2017)

Leeds Building Society -v- Brady & Anor [2017] IECA 271 (20 October 2017)

The appeal is dismissed because the only ground relied upon by the appellants was not argued in the High Court and is based on a step taken after the High Court hearing; in any event, the Directive and Regulations do not apply to the mortgage loan contract in question, so the purported cancellation is of no legal effect.

Citation
[2017] IECA 271
Parties
Plaintiff Respondent: Leeds Building Society; Defendant Appellant: Patrick Brady; Defendant Appellant: Margaret Brady
Jurisdiction
Ireland
Judgment Date
20 October 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Appeal Procedure, Application of EU Consumer Directives, Admissibility of New Grounds on Appeal
Property Law Contract Law Consumer Protection Mortgage Possession Appeal Procedure Application of EU Consumer Directives Admissibility of New Grounds on Appeal

Case Brief

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Parties

Leeds Building Society

Plaintiff Respondent

Patrick Brady

Defendant Appellant

Margaret Brady

Defendant Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellants can rely on a new ground (purported cancellation under EC Directive 85/577) not raised in the High Court
  2. 2 Whether EC Directive 85/577 and the implementing Irish Regulations apply to the mortgage loan contract in question

Ratio Decidendi

The appeal is dismissed because the only ground relied upon by the appellants was not argued in the High Court and is based on a step taken after the High Court hearing; in any event, the Directive and Regulations do not apply to the mortgage loan contract in question, so the purported cancellation is of no legal effect.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Order for possession stands