The client was referred to CLM Northside by MABS in relation to debt collection legal proceedings which had been issued against her.
The Law Centre was instructed to act for the plaintiff in the landmark judgement in McCann v The Judge of Monaghan District Court & Ors1, The case resulted in the striking down of Section 6 of the Enforcement of Court Orders Acts 1926 & 1940 as repugnant to the Constitution. Judgement was delivered by Laffoy J, 18th June 2009.
CLM Northside represented an Appellant, a non-EU national, before the Social Welfare Appeals Office in respect of an application she made for Child Benefit in June 2011 which was disallowed. The application was refused on the grounds that the Appellant was not lawfully resident in the State and therefore could not satisfy the Habitual Residence Condition. This decision was appealed on the grounds that the Appellant derived a right of residence from her son, an Irish and EU citizen, under Articles 20 and 21 TFEU as per the decision of the European Court of Justice in Ruiz Zambrano v Office national de l’empoi.