Case law

  • Case Details
    • National ID: High Court, Judgment 807
    • Member State: Ireland
    • Common Name:Bank of Ireland Mortgage Bank -v- Hade & anor
    • Decision type: Court decision in appeal
    • Decision date: 12/05/2017
    • Court: High Court
    • Subject:
    • Plaintiff: Bank of Ireland Mortgage Bank
    • Defendant: Niall Hade and Joyce Hade
    • Keywords: application for trial of preliminary issue of law; loan and mortgage contract; buy-to-let properties; consumer; unfair terms;
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote

    Where there is a dispute as to the facts of a case, allegations that borrowers are ‘consumers’ and that terms in a loan contract are unfair pursuant to Directive 93/13, can only be heard at a full trial and not by way of a preliminary hearing as to an issue of law.

  • Facts

    The plaintiff bank sought judgment against the defendants on foot of two loan facilities. In these proceedings, the defendants sought an order to hear a preliminary issue of law regarding the unfair terms of the loan contract pursuant to O 25, r. 1 and/or O 34, r. 2 of the Rules of the Superior Courts. They argued, inter alia, that the loan facilities which were 'home loans,' and that they were ‘consumers’ pursuant to Directive 93/13.

  • Legal issue

    Whether the question of the defendants alleged status as ‘consumers’ and the question of fairness of three particular clauses in the loan contracts, were suitable for determination by preliminary hearing pursuant to the relevant Superior Court Rules?

  • Decision

    The High Court refused the defendants’ application to have a trial of a preliminary issue regarding the defendants’ status as ‘consumers’ and the alleged unfair terms in the loan contract on the basis that the point of law sought to be tried was not suitable for preliminary trial as it concerned a factual dispute between the parties which can only be resolved at a full hearing.


    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result

    Application for trial of preliminary issue refused.