Consumer protection legislation–banking law–entitlement to raise new arguments on appeal (Cave Projects Ltd v Gilhooley)
Dispute Resolution analysis: This case concerned the retrospective effect of consumer protection legislation on the activities of a credit servicing firm. The Central Bank had issued a public notice, to the effect that it believed that the respondent was engaged in credit-servicing services without authorisation from the Central Bank as a credit servicing firm. The appellant argued that the notice retrospectively deprived the respondent of the legal right to acquire the relevant debt in the first place, and any action taken by the respondent on foot of the agreement was also illegal. However, the appellant had not raised the issue in a timely or effective manner before the High Court. The case provides guidance on the requirement to demonstrate the existence of exceptional circumstances which would allow an appellate court to act on the basis of a new argument which had not been raised in the High Court. Written by Colm Ó Néill, barrister at the Bar of Ireland.