Courts / Meath / Report

Court dismisses widower's challenge to repossession order on family home

Summary

In March 2018 the High Court dismissed Stephen Kearney's appeal against a Circuit Court order that granted Permanent TSB (PTSB) possession of his family home at the Old Mill, Ratoath, County Meath. Kearney had challenged the repossession on several grounds, including alleged breaches of the Unfair Terms in Consumer Contracts Regulations, the 1995 Consumer Credit Act, and the failure of PTSB to provide a life assurance policy for him and his late wife. He also argued that his wife's will gave him a tenancy in common, allowing him to live in the property for life. The judge, Mr Justice Max Barrett, found no evidence of unfair terms, rejected the will argument, and held that PTSB had met its obligations regarding the life assurance policy, which had never been activated due to Kearney's failure to pay the premium. Consequently, the appeal was dismissed on all grounds, leaving the possession order in place.

Who, what, where, when and why

What: Report matter: Court dismisses widower's challenge to repossession order on family home. Procedural stage: hearing_or_decision

When:

• 2018-03-07 Publication

Why: The policy "never attached" because of the "Kearneys failure from the outset to pay the applicable premium" the judge said. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report