2017-10-10 · Cork
Judge slams "meaningless" advice given to family of five evicted from home
In a High Court ruling on 10 October 2017, Mr Justice Paul Gilligan dismissed an application by Orla and Stephen Hallihan, who had been evicted from their family home with their five children, for orders against KBC Bank. The Hallihans sought an injunction to set aside a repossession order granted by the Cork Circuit Court in March 2015 and to allow them back into their house. The judge criticised the "meaningless" third‑party advice the couple had received, describing it as "totally unhelpful" and "meaningless as a matter of law." He noted that the Hallihans had not appeared at the Circuit Court when the repossession order was made, had not appealed the decision, and had not applied for an extension of time to bring an appeal. The judge found that the Hallihans had not presented a strong issue to justify an injunction, and that the balance of convenience did not favour setting aside the order.