The practical implications of Bank of Ireland v Smyth - Part I
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Date
1996
Authors
Mee, John
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Publisher
Round Hall
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Abstract
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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Keywords
Bank of Ireland v Smyth , Family Home Protection Act, 1976 , Supreme Court , Conveyancing of residential property
Citation
Mee, J. (1996) 'The practical implications of Bank of Ireland v Smyth - Part I', Irish Law Times, 14, pp. 188-191.
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Copyright
© 1996, Round Hall and the contributor.