Right2Homes

F.A.Q

Frequently Asked Questions

What is the case for ?

The case has been mounted to challenge the constitutionality of the retroactive nature of the Land & Conveyancing Law Reform Act 2013 which was introduced into legislation by this government to help circumvent the Justice Dunne ruling of 2009, which effectively prevented banks repossessing the family homes of tens of thousands of distressed borrowers.

Who is bringing the case ?

The case is being brought in the name of Tom Darcy

Why is it Tom Darcy and not Right2Homes itself that is taking the case ?

 

Right2Homes has been established as a 'common purpose' fundraising platform to facilitate this, and possibly other constitutional challenges. This challenge is not about the Darcy case or any specific bank but rather the Constitutionality of the 2013 Act itself..Right2Homes would not have had the requisite standing in court.

Did Tom Darcy not raise the issue of the Land & Conveyancing Act in his defence in a previous case, and does this not mean the case has already been decided ?

No, hehad  previously raised the issue of the 2009 Justice Dunne ruling in his own case, but the sitting judge did not use that issue in his ruling. Neither was the 2013 Act raised in evidence or argument as it did not exist at that time.

Why is there a need for fundraising ?

The fundraising is required exclusively to fund the expense of supporting the legal team appointed to take on the State in this complicated Constitutional matter which is of National importance.

What stage is the case currently at ?

A plenary summons and a statement of claim have been issued to the State who have replied with a request for particulars. Our legal team are currently responding to this request, following which they will be seeking a date for a full hearing.

If only the Supreme Court can ultimately decide on Constitutional matters why has the case been allocated a High Court listing ?

An application must first be made to the High Court to test the bone fides of the case, it's 'locus standi', and whether or not it is of national importance and has a reasonable chance of success should it be heard in the Supreme Court.

Has the case not already been struck out ?

No, the State initially applied to have the case dismissed on foot of the Statement of Claim, so it was the State's motion to dismiss that was struck out in the High Court, and this is what is noted in the courts service records, so the Constitutional Challenge will proceed as planned.

How can I help ?

If you wish to offer any supporting legal services pro bono please contact us at admin@right2homes.com.
I
f you wish to donate to help cover the legal costs please visit our GoFundMe site.

Location

C/O OCON.IE
Cappagh House,
Enfield,
County Meath,
Ireland.

Tel:046 9541779

admin@right2homes.com