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Supreme Court to decide on whether trespassers can assert constitutional protection

Summary

The Supreme Court has agreed to hear a case that questions whether people who occupy a property after a court order for possession can claim constitutional protection. The case involves about 20 residents who refused to leave two Dublin properties on Richmond Avenue, Fairview, and Little Mary Street for 15 years. They were found in contempt of court by the High Court in 2021, but the Court of Appeal set aside the orders in 2022 because the residents were not properly served with the legal documents. Pepper Finance, which had recovered the properties after the original mortgagor defaulted, appealed the Court of Appeal's decision. The Supreme Court panel will consider issues such as the method of service, the jurisdiction over unknown persons, and whether trespassers can invoke constitutional rights regarding the dwelling. The case also raises questions about the company's standing to appeal and the sale of the underlying loans.

Who, what, where, when and why

What: Report matter: Supreme Court to decide on whether trespassers can assert constitutional protection. Procedural stage: appeal

When:

• 2023-02-24 Publication

Why: The residents claimed that their failure to comply with orders was because they had nowhere else to go. CNI source report

Places mentioned

Topics

Stage Appeal

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Read the original CNI report