Oireachtas Joint and Select Committees

Wednesday, 21 February 2018

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Multi-Party Actions Bill 2017: Discussion

9:00 am

Mr. Dave Coleman:

I have two observations to make on mortgage arrears and eviction cases before the courts. First, if a case was to be a lead case of a class of people so affected, each individual institution could be named because they have a common mortgage. Were a case to be taken, it could have a class value of a non-pecuniary turnout in the end. In other words, if one were to succeed, X number of people with that institution would not be excluded or removed from their homes. It therefore does have a value other than the monetary compensation. We did not speak to that here today but it is true that more than just monetary compensation can be achieved by stopping something. I know there is a precedent value in the common law system as it currently stands which has a limited effect also. To put it together by way of an adequately resourced lead case on a class principle gives a better chance of achieving something before the courts than that of the hard pressed man with a €100,000 apartment who owes €300,000.