The Court of Appeal has overturned the decision of Justice Baker in the High Court, and found that the Protective Certificate obtained by the solicitor had not caused the Credit Union to suffer an irreparable loss that would not otherwise occur. Any loss was an inevitable consequence that had been foreseen by the Oireachtas when enacting the relevant provisions of the Personal Insolvency Act 2012.
In the ex tempore judgment, all three members of the Court were satisfied that the appeal had to be determined within the confines of s. 97 and that any parallel application which might be made pursuant to an inherent jurisdiction of the court was not made in the High Court and was therefore a separate matter.
Background
On 11th …
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