Courts / Cork / Report
Student evicted from family home claims constitutional rights were breached
Summary
Jack Kelleher, a 23‑year‑old university student, has brought proceedings in the High Court after being evicted from his family home in Bridgewater, Carrigrohane, Co Cork by the Cork County Sheriff on the basis of a 2016 Circuit Court order obtained by KBC Bank against his parents. The order, which did not name Kelleher, was used to repossess the house, and he was told to leave within 28 days or his possessions would be destroyed. Kelleher claims the order cannot be used to evict him, as he was not a party to the original action and his constitutional right to a home was not considered. He seeks a temporary injunction, declarations that only named individuals may be affected, and damages for breaches of Articles 40.5 and 8. Judge Carmel Stewart declined the injunction but ordered short notice to be served on KBC and the Sheriff. The case will return next week.
Who, what, where, when and why
What: Report matter: Student evicted from family home claims constitutional rights were breached. Procedural stage: hearing_or_decision
When:
- January 24th Hearing Or Sentence
- 2018-02-07 Publication
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