Law - Journal Articles

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    Judgment mortgages, co-ownership and registered land
    (Sweet & Maxwell/Round Hall, 1999-01) Mee, John
    Consider the situation where a judgment mortgage has been registered against the interest of one co-owner of a piece of real property (for example, against the interest of one of the spouses in a jointly–owned family home).1 Can this judgment mortgage be enforced by means of a sale of the property in question? This important practical question hinges on the jurisdiction to order a sale under the Partition Acts of 1868 and 1876, which in turn is dependent on the ancient law of partition. This article seeks to highlight an unexpected problem which arises in relation to registered land.
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    The practical implications of Bank of Ireland v Smyth - Part II
    (Round Hall, 1996) Mee, JOHN
    Part One of this article, published in the August issue, discussed the implications of the judgment of the Supreme Court in Bank of Ireland v Smyth1 in the context of mortgages of the family home. Part Two, published here, addresses the impact of Smyth on a variety of wider issues, including the sale of residential property, the status of consents to previous transactions on the title and the validity of bank guarantees outside the context of the Family Home Protection Act.
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    The practical implications of Bank of Ireland v Smyth - Part I
    (Round Hall, 1996) Mee, John
    On the 19th of November 1995, the Supreme Court delivered its long-awaited judgment in Bank of Ireland v Smyth.1 The case concerned the requirements for the validity of a consent under the Family Home Protection Act, 1976. The Supreme Court held that a consent would not be valid unless it could be shown to have been free and fully informed. This decision will create a number of problems for practitioners involved in lending transactions and in the conveyancing of residential property. These practical difficulties will be explored in this two-part article and an attempt will be made to suggest possible solutions.
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    The Family Home Protection Act and priorities in land law
    (Round Hall, 1992) Mee, John
    A number of recent High Court decisions have examined the interplay between the requirement of consent under the Family Home Protection Act, 1976 and the rules governing priorities in registered land. This article analyses these cases and also addresses the broadly similar questions which arise in relation to unregistered land.
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    Marriage, civil partnership and the prohibited degrees of relationship
    (Round Hall, 2009) Mee, John
    This article considers the degrees of relationship which prevent persons from marrying each other or which, under the Civil Partnership Bill 2009 (“the Bill”), would exclude them from registering a civil partnership together. The possibility of reform in respect of the prohibited degrees of relationship for marriage has long been discussed. The planned introduction of civil partnership has raised the issue again, with the Bill providing for a list of prohibited relationships which, in addition to the necessary adjustment in terms of the parties being of the same gender, differs from that applicable in the marriage context. The list in the Bill seems to reflect a policy of implementing, in the civil partnership context, the law reform proposals which have been made in respect of marriage. It is possible to speculate that the intention is that the rules on marriage will be modernised by future legislation, so that they will ultimately be equivalent mutatis mutandis. As will be discussed, however, the list in the Bill reflects some changes which were not actually proposed by the relevant law reform bodies. In addition, there are serious questions as to the credibility of at least one of the law reform proposals which has influenced the proposed list of prohibitions in respect of civil partnership. This article will discuss the question of devising a list of prohibited relationships for civil partnership and reforming the list for married couples. In addition, the article identifies a significant problem with the current terms of the Bill relating to prohibited degrees of relationship, as this issue impacts on the Bill’s provisions for the recognition in Ireland of foreign legal relationships analogous to civil partnership.