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ARTICLE · 22 MAY 2015

Possession Orders And The Code Of Conduct On Mortgage Arrears

Dillon Eustace
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In a judgment delivered on 15 May 2015, the Supreme Court has brought some clarity to the interaction between the Code of Conduct on Mortgage Arrears ("the Code")...

IrelandFinance and Banking
Peter Bredin
Peter Bredin
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In a judgment delivered on 15 May 2015, the Supreme Court has brought some clarity to the interaction between the Code of Conduct on Mortgage Arrears ("the Code") and the entitlement of a regulated financial institution to possession of mortgaged property. The judgment of the Supreme Court (with which all of his fellow judges concurred) was given by Mr Justice Clarke in the cases of Irish Life and Permanent plc v. Dunne and Dunne and Irish Life and Permanent v. Dunphy, [2015] IESC 46.

Dunne – The Code of Conduct on Mortgage Arrears

The main issue in the Dunne case was whether non-compliance with the Code affected the lender's entitlement to an order for possession.

The Code at issue in this case was the version which came into force on 1 January 2011, which provides for a moratorium during which the lender must not commence possession proceedings. The Supreme Court stated that similar considerations would apply to similar provisions in the current or any future

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