With regard to your knowledge of the European law, let me enlighten you as to your views regarding what a consumer is under the EC (Unfair terms in Contract Regulations) 1995. The regulations state:
A "consumer" means a natural person who is acting for purposes which are outside his business;
The Millars are consumers within the terms of the regulations, as they do not engage in property investment as their business.
You can look up case law, Ulster Bank V Healy [2014] IEHC 96 for legal direction in this regard, which was issued by Justice Barton, whom coincidently, used to be head of legal enforcement at Danske Bank.
Sarenco,
Firstly, will you admit that your views of what a consumer is, in respect to unfair terms in contract regulation are incorrect and without foundation ( your previous thread refers ) You are wrong! and I would like you to admit same, instead of continuing with your mantra regarding the unlikelihood of a Supreme Court appeal. The forum has heard your views, ( again and again ) now let us have someone else's input on this forum.
Secondly, I would not be making any case to the European Commission, as I am not party to the proceedings, that would be the prerogative of the Millar's and their legal team, if they are so inclined.
Finally, unless you have something new to say, with regard to the Miller case, please stop posting your same opinions over and over again, it becomes boring.
Sarenco,
Yet again ,you err in Law. I can only lead a horse to water, I cannot make him drink it. You are that horse.
Bronte,
That is simple, to overturn the decision of the Appeal Court.
You are a legend in your own imagination, you have been proved to be wrong on this thread, but will not admit to same, a terrible flaw in ones personality.
I was just highlighting your pomposity.
Again, if the Millar's make an application to appeal to the Supreme Court, in the circumstances, it will probably be acceded to.
Bronte,
That's for the Supreme Court to decide upon. But nice fishing exercise.
Sarenco,
This was not an issue in the Millar's case. The Millars could have four children and also be using the investment properties as a source of funding into their retirement for all I know. I do know that this matter did preclude the Millar's taking a legal action and that you have been shown to be wrong during these exchanges.
What we have been talking about in the last few posts, being consumers under the regulations, silly.
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