As and from the 1st October 2016 new High Court Rules S.I. No. 255/2016 - Rules of the Superior Courts (Chancery and Non-Jury Actions: Pre-trial procedures) 2016 (“SI255”) were due to come into operation, however their implementation has been temporarily suspended.
The Residential Tenancies (Amendment) Act 2015 (“the Act”) was enacted in 2015 and certain sections of the Act are now in force. Great care should be taken, as the commencement of some sections, but not all, has taken place.
In a recent decision in the joint cases of Muintir Skibbereen Credit Union v. Crowley and Muintir Skibbereen Credit Union v. Hamilton, both issued simultaneously on 13th July 2016, the Court of Appeal refused to make an order directing the sale of jointly owned family homes, to enable the discharge of a Judgment debt obtained against one of the spouses.