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- Irish Supreme Court case (en)
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- Permanent TSB Plc and David Langan and The Attorney General (en)
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- O' Donnell Donal J, McKechnie J, MacMenamin J, O'Malley Iseult (en)
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- Practice Procedure, Post Hearing, Courts, Constitutional Law (en)
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- Permanent TSB Plc v. Langan and Anor (en)
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- Mr. Langan took out a mortgage with Permanent TSB and defaulted on the payments. He appealed to the High Court, but the High Court's ruling was against the rules of the Circuit Court. The case was referred to the Court of Appeal, and the High Court asked for clarifications. The Circuit Court lacked jurisdiction to hear the current matter as the subject property was a domestic dwelling that was rateable. The High Court proposed that the Circuit Court cannot proceed to judgment in relation to a domestic home that has been deemed unrateable by the Valuation Act 2001 when the defendant has contested the Circuit Court's jurisdiction.
The Attorney General intervened in the Supreme Court appeal filed by Permanent TSB Plc, and the other Justices agreed with Clarke CJ's decision. The Circuit Court retained jurisdiction over the case if a property is not valued in accordance with the 2001 Act, and the plaintiff must demonstrate jurisdiction by providing a certificate of rateable valuation or solid proof that the property does not have a rateable valuation. (en)
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- Permanent TSB Plc v Langan and Anor (en)
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