Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 MARCH 2019

Repossessing Commercial Property Comprising A Private Residence

Maples Group
Maples Group
Contributor
Maples Group

Maples Group

The Maples Group, through its leading international law firm, Maples and Calder, advises global...

View firm profile
Explore more from Maples Group

A recent High Court decision in Ireland highlights the care that needs to be taken in property repossession claims by lenders where a borrower's principal dwelling house ("PDH") ...

IrelandCorporate/Commercial Law
John Breslin
John Breslin
Alan O'Sullivan
Alan O'Sullivan
Karole Cuddihy
Karole Cuddihy
Author LinkedIn connections

A recent High Court decision in Ireland highlights the care that needs to be taken in property repossession claims by lenders where a borrower's principal dwelling house ("PDH") is involved (Allied Irish Bank plc v Buckley [2019] IEHC 97, Simons J).

Outline of facts and outcome

The borrower had charged a plot of land in favour of the bank as security for a loan that was granted for the purposes of the borrower's farming business. The plot of land included the borrower's PDH. Although it is not entirely clear from the judgment, it appears the bank was on notice when the loan was entered into, that the plot included the borrower's PDH.

The borrower defaulted and the bank (in correspondence) demanded repossession of the property - excluding the PDH. The bank accordingly considered that it did not have to comply with the Central Bank of Ireland's Code of Conduct on Mortgage Arrears ("CCMA"). CCMA, in brief, imposes a moratorium on a lender seeking to repossess

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

A Deep Dive Into The Regulation Of Artificial Intelligence Bill 2026

The Irish Government has published the Regulation of Artificial Intelligence Bill 2026, establishing a comprehensive framework for supervising and enforcing the EU AI Act in Ireland. This legislation creates the AI Office of Ireland as an independent statutory body to coordinate AI regulation, introduces a distributed oversight model involving multiple sectoral authorities, and provides detailed procedures for adjudication and administrative sanctions. The Bill addresses critical questions about how Ireland
IrelandCorporate/Commercial Law
Matheson
Matheson
Article

AMLD6 And Beneficial Ownership Central Registers: New Access Rules In Ireland

Ireland has introduced significant amendments to its beneficial ownership registers in 2026, implementing the Sixth Anti-Money Laundering Directive (AMLD6) framework. These reforms fundamentally restructure access rights to the Central Register of Beneficial Ownership of Trusts and Corporate Entities, moving away from unrestricted public access toward a tiered system that balances transparency with privacy rights while maintaining accessibility for legitimate anti-money laundering purposes.
IrelandCorporate/Commercial Law
Dillon Eustace
Dillon Eustace
Article

CSRD Simplification Takes Shape: Revised ESRS And Voluntary Standard Published

The European Union has published revised sustainability reporting standards and introduced a voluntary framework that fundamentally changes how companies approach CSRD compliance. These reforms reduce reporting complexity through fewer datapoints and introduce value chain caps that limit information requests from smaller businesses. Understanding these changes is critical for both mandatory reporters and voluntary participants as implementation deadlines approach in 2026 and 2027.
IrelandCorporate/Commercial Law
Arthur Cox
Arthur Cox
Article

Corporate Update October 2026 - Company Law, Compliance & Governance

This legislative update examines Ireland's Autumn 2026 legislative agenda, including reforms to director address disclosure and cooperative societies law, while analyzing key governance trends from the UK proxy season and the European Commission's corporate law harmonization priorities. The analysis explores shareholder activism, board diversity expectations, and the EU's ambitious "EU Inc." framework aimed at creating unified company law across Member States.
IrelandCorporate/Commercial Law
Arthur Cox
Arthur Cox
Article

Charities (Amendment) Bill: What It Means For Northern Ireland Operations

The Northern Ireland Assembly is advancing the Charities (Amendment) Bill, which introduces significant regulatory changes for charities operating in the jurisdiction. The legislation grants the Charity Commission for Northern Ireland expanded enforcement powers, overhauls accounting and reporting frameworks based on charity size, and clarifies the status of cross-border charitable organizations.
IrelandCorporate/Commercial Law
Withers LLP
Withers LLP
Article

EU’s Revised Sustainability Reporting And Due Diligence Rules Agreed

After months of intense negotiations, the European Parliament (the “Parliament”) and the Council of the European Union (the “Council”) have agreed new laws that substantially revise and simplify the EU’s corporate sustainability rulebook. Final approval of the package has been obtained and the amended “omnibus” directive (Directive (EU) 2026/470) was published in the Official Journal of the European Union on 26 February 2026.
European UnionCorporate/Commercial Law
Matheson
Matheson
Article

New PRC Offshore Trust Tax Rules – Key Implications For Cayman And BVI Offshore Trust Structures

On 24 July 2026, China's Ministry of Finance and State Taxation Administration jointly issued the Announcement on Individual Income Tax Matters Relating to Offshore Trusts (《财政部 税务总局关于离岸信托个人所 得税有关事项的公告》) (Announcement No. 21 of 2026) (the "Notice"), together with a companion Announcement of the State Taxation Administration on Collection and Administration Matters Relating to Individual Income Tax on Offshore Trusts...
GlobalCorporate/Commercial Law
Maples Group
Maples Group
Article

AIFMD II: Key Implementation Developments In Luxembourg

Two years on from the entry into force of Directive (EU) 2024/927, commonly referred to as AIFMD II, the 16 April 2026 transposition deadline has passed, and the state of play across the EU is best described as uneven, with compliance posture increasingly dependent on where an AIFM is authorised. However, Luxembourg, which hosts the largest shares of EU AIFs within the Union, transposed the Directive without material gold-plating.
European UnionFinance and Banking
Maples Group
Maples Group
Article

Irish Budget 2027 – Implications For Irish And International Investors

The Irish Budget for 2027 (“Budget 2027”) was announced by Minister Simon Harris on 6 October 2026. Budget 2027 contains a number of measures intended to support Ireland’s status as a leading financial and investment jurisdiction in Europe. International investors will welcome the introduction of reforms for the taxation of Irish corporates, the introduction of new rules to accommodate the Pillar Two side-by-side agreement with the US and the extensions to Irish tax provisions for tax credits.
IrelandTax
Maples Group
Maples Group