Key Post Supreme Court ruling on status of Code of Conduct on Mortgage Arrears

Brendan Burgess

Founder
Messages
51,911
Limited role of courts in mortgage arrears cases clarified

The [broken link removed] has clarified the role of the courts in the administration of the Code of Conduct on Mortgage Arrears agreed between the main banks and the [broken link removed]. Five judges of the Supreme Court ruled yesterday that the courts could intervene if a lender did not adhere to the code’s moratorium on repossessions aimed at giving a “window of opportunity” to explore other solutions to borrowers’ mortgage arrears.

The court stressed “different considerations” apply to the other provisions of the code and the relevant legislation gave no role to the courts in determining whether particular proposals concerning mortgage arrears should be accepted.
 
Back
Top