Courts / Cork / Report

Judge slams "meaningless" advice given to family of five evicted from home

Summary

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.

Who, what, where, when and why

What: Report matter: Judge slams "meaningless" advice given to family of five evicted from home. Procedural stage: hearing_or_decision

When:

• March 2015 Hearing Or Sentence
• December 2014 Other
• 2017-10-10 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
• 'Alternative dispute resolution': man arranged 'straightener' during which dad-of-seven was stabbed to death
• Brothers who sexually assaulted teenage girls in mid-nineties can now be identified for first time
• ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
• 'No hand, act or part': Osgur Breatnach's wrongful conviction for Sallins train robbery declared a miscarriage of justice
• Migrant engineer who worked 10-hour days for under minimum wage wins €14k

Read the original CNI report