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THE SUPREME COURT will hear a Dublin businessman’s legal challenge to the Anglo Irish Bank promissory note this morning despite the passing of late night legislation aimed at avoiding the payment at the end of March.
David Hall is hoping to make a full appeal against the ruling by the High Court last week that he did not have the standing to challenge the legality of the €3.06 billion promissory note payment that is due at the end of next month.
The case is due for mention after 10.15am this morning and Hall intends to press on with his case irrespective of the decision taken by the Oireachtas overnight to liquidate IBRC, the former Anglo Irish Bank.
His legal team has been monitoring developments in the Dáil and Seanad in the early hours of this morning and will be in the Supreme Court this morning along with a number of TDs who support the case.
High Court President Justice Nicholas Kearns ruled last week that Hall did not have the standing, or what is known in legal parlance as locus standi, to take the case, saying any challenge to the payment would need to be mounted by a member of the Dáil.
Hall had argued that the controversial and much disputed payment was illegal as the issuing of the €31 billion in promissory notes in respect of the now defunct Anglo three years was illegal as it was not approved by a Dáil vote.
The State argued that the payments did not require Dáil approval as the Minister for Finance had already been given the authority under the Credit Institutions Stabilisation Act.
The High Court found that Hall could not argue that he had been put in a position any different to any other citizen because of the promissory note payment.
In addition, Justice Kearns said there had been significant delay in bringing the legal action.
He also said in his ruling that there might be “every reason to suppose” that declaring the notes invalid would have “very serious adverse implications” for Hall, Irish citizens, the State’s finances, its financial reputation and Ireland’s ability to continue its economic recovery.
Justice Kearns did say that no member of Dáil Éireann was precluded from mounting a legal challenge with the independent TD Stephen Donnelly, an outspoken critic of the promissory note payments, said to be considering such a move.
Hall is expected to appeal the locus standi finding – that he did not have the standing to challenge the payment.
But it is understood that the Supreme Court may be asked to hear the entire case as Hall believes the Justice Kearns’ verdict last week could have implications for any future legal challenge to any decision made by government or the Oireachtas.
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” Those who ignore peaceful revolution, make violent revolution inevitable ”
– JFK.
Unless you are Irish and in Ireland.
Yes, this clearly shows why they pushed through with last nights vote. It was illegal, so they needed and devised a way to stitch us up for good. A final solution.
The Irish government = Treason
Isn’t it lovely and coincidental. Last week a challenge was brought. This week a challenge was to be brought. Now captain brightspark kenny rushes through legislation to try and offset this. Oh Enda you so clever. If it wasn’t so tragic it would be funny.
Not clever . shameful. Does he even understand what he has done to He done to his own people. David Hall good luck. We might see some Justice.
He doesn’t Anna. All he’s after is to look good for his troika friends. Nice new award coming his way. Sure if he stepped straight over his own people to get it, so be it. Traitor pure and simple.
@Anna,
I’m sure he realises, he just doesn’t care. Irish politicians generally don’t give a flying fudge about the general public until election time. Anywhere outside of that window and the public are nothing more than a minor inconvenience to these people.
The people of Ireland can not let this go on and I hope we as a people stand up to these greedy people and not just take on the chin like we have in the past .Were are the brave soles who in the past have stood up for Ireland and its people please stand up now
Out of interest, how many times have you been in to demonstrate at the dail flipper?
Jim I don’t live in Ireland like many others I was pushed out and replaced with cheap east European labour , as to your point jim I will always call Ireland my home
That’s unfortunate, out of interest how many times did you head in before you gave up and headed off to undercut labour costs in another country in the hope of a better lifestyle?
You can stop this , get together and bring down the economy by a mortgage strike. If 1 million ppl didnt pay their mortgage that would really upset the system .
And call a referendum to remove a bill.
Our goose is cooked now ,we may settle in to permanent austerity no matter which government gets in ,nothing will alter.The truth is I think ,he was told to do this
If the Government cannot interfere with the Courts, then can somebody please explain what happened last night. Did it have an effect on this court case? I’m guessing we will find out once the case come up. What effect will last night have on the others cases including the Quinn family cases?
we are relying now on a Judge to bear and honest.
Anna
What do you want the judge to bear?
There is no question that the government were working hard through the night,
- The question is; – ‘ for whom….?? ‘
March this Saturday 9th Feb
http://m.youtube.com/#/watch?v=gxoB5t-28CY&desktop_uri=%2Fwatch%3Fv%3DgxoB5t-28CY
I wonder did they leek the leak and then use it as an excuse to absorb the debt on to the people .
It might have been worth loosing the 14 billion and saving us 64 billion ,they are such twisters it’s hard to know
FlopFlip
What a remarkably unintelligent suggestion. You want the Government to take a risk or a dare on the sum of fourteen billion Euro of our money. That’s more than the annual cost of running the Health Services. Do you think they should Flip somebody for it?
This is the real reason the ECB told our bunch of puppets to change the law and vote the promissory notes into a Government Bond. They know if it was put to the people in a referendum they would not get another cent of this Fraudulent Bank debt. We’re being railroaded by the Bankers again. Shame on our Puppets
#vinb on TodayFM right now scratching his head trying to explain this sillyness.
What the hell is going on?
why was that published only ths morning???Surely media was aware of the challenging of the legality of promissory notes in high court a while back??!The whole thing stinks
if we the people pay why not a say……………….its mad but then its political
have your say