Legal & Equitable’s Tom Darcy launches a Constitutional challenge

On Thursday, 22nd of January Tom Darcy, a founder member of Legal & Equitable, lodged a Constitutional Challenge to the ‘Land and Conveyancing Law Reform Act 2013?, drafted by Barrister David Langwallner, Dean of Griffith College and Director of the Innocence Project in Ireland.

The grounds of the claim are that critical sections of the Act are contrary to the Constitution of Ireland in that they are retroactive i.e. they alter the legal rights of citizens in retrospect. It is claimed that not only is it contrary to the Irish Constitution, it is contrary to the fundamental principles of the rule of law.

At this moment thousands of cases for the repossession of family homes are being railroaded through the Irish Courts by Irish and foreign banks,

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For use in court – Notice of constitutional challenge to Land and Conveyance Law Reform Act 2013

Many people currently find themselves at the wrong end of a Bank’s legal proceedings for possession of homes or property. In cases where the bank is relying on the Land and Conveyancing Law Reform Act of 2013 to gain possession, we offer this Notice (below) to be used in legal submissions defending such actions.

While the constitutionality of this Act is now in question it is arguable that in the interim the courts should not proceed under this Act until the Supreme Court has decided on the challenge.

Note that this can only be used in defence against possession proceedings brought under the Act.

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