Courts / Sligo / Report
Appeal against possession order for family home is dismissed
Summary
The High Court in Dublin has dismissed an appeal brought by a County Sligo man seeking to overturn a possession order relating to his family home. Keith McNair had appealed a 2016 Circuit Court decision, made in favour of Start Mortgages DAC, concerning his property at Lisheen, Loughaneeteen, Calry. Mr McNair raised several grounds of appeal, including alleged breaches of the Family Home Protection Act 1976 and non-compliance with the Code of Conduct for Mortgage Arrears. He also argued the 2007 mortgage agreement was unlawful due to Start's authorisation status and claimed violations of EU consumer protection directives. Mr Justice Garrett Simons dismissed all grounds, finding Start was entitled to possession as the registered charge holder. The judge noted Mr McNair had not disputed significant arrears exceeding €470,000, with no repayments made since July 2011. A six-month stay on execution was imposed, with permission granted to apply for extension should pandemic conditions persist.
Who, what, where, when and why
What: Report matter: Appeal against possession order for family home is dismissed. Procedural stage: appeal
When:
- December 2016 Incident
- July 2011 Incident
- 2020-03-23 Publication
Why: He further argued that that the 2007 mortgage agreement was unlawful because Start did not hold an authorisation from the Central Bank until 2008, and claimed that there was a failure by Start to comply with the EU Directive on unfair contract terms. CNI source report
Case subjects
Appellant
Places mentioned
Topics
Related court reports
- Courier who claimed pay unlawfully docked over garage door mishap wins wages back
- Doctor gets 10 years for rape, control and assaults on wife
- Judge rejects Gill's arguments against extradition for Robbie Lawlor murder
- Trial of garda accused of rape and child cruelty in closing stages
- Sligo man Barry Young wanted in NI for gangland murder of Robbie Lawlor
- Robbie Lawlor murder accused argues UK trial would breach his rights
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request