Jim Stafford
Registered User
- Messages
- 631
Central Bank introduced a law to allow citizens to personally sue Banks and other institutions for breach of regulation. This is a further avenue to be explored.
I agree with the above. There is a positive Collegiate atmosphere between lawyers which results in over 90% of cases being settled. It is important to remember that lawyers are business people with overheads etc to pay, and thus they do not enjoy taking on "no foal no fee" type cases.It is very unlikely that a Bank will go to Trial in the High Court. It is also likely the Bank will 'go the wire' and settle at the last minute
This, in my view is what would likely force a bank to settle (at the last minute, having gone to the wire) any case involving the loss of a home.There is no legal precedent for the loss of a home in the Republic of Ireland - and the legal system is 'waiting' for a case to be made. Clearly this will have significant implications for the country as it will set case law. Its not clear how this will impact a judgement or if it will be reserved.
Sorry for not responding. I suppose one of the perceived advantages of using the Ombudsman is it should be quicker but from reading posts on these forums it's anything but. Hence one might be willing to spend X thousand euro on bringing a case in the circuit court (CC). The HC I have been told is 10s of thousands which is beyond the reach of most but maybe if a CC case could be taken it might be 5k and doable?? I don't know hence the question.The beauty of the High Court is that it would set a precedent for other cases.
I see no advantage in going to the Circuit Court over going to the Ombudsman. Unless the Ombudsman had rejected a similar case.
Brendan
Circuit Court judgements tend to be “ex-tempore” ie unwritten, and therefore not reported. High Court Judgements are written and usually reported, so lawyers and judges have a precedent bank to work off when arguing/deciding cases.Separately why doesn't a CC case not set a precedent?
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