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Bank’s right to enforce security over land is upheld
Court of Appeal upholds the High Court's decision affirming a bank's right to enforce a registered lien and judgment mortgage over certain lands. The appellants, representing themselves, challenged the validity of the lien and the amount due under a judgment mortgage,...
Judgment mortgage on lands upheld and sale ordered in default of debt payment
High Court upholds a judgment mortgage against a debtor's interests in lands, confirming the mortgagee's entitlement to the judgment debt of €415,997.15. The court rejected the debtor's novel argument that the mortgagee was required to seek leave to issue execution...
Amended proof of debt accepted as revenue commissioners relinquish security in bankruptcy case
High Court dismisses an application by a bankrupt individual seeking to disallow the Revenue Commissioners' amended proof of debt claim in his bankruptcy estate, on the grounds that the Revenue Commissioners acted within the statutory framework and that there was no...
Multiple unfounded legal actions against defendant solicitor dismissed
High Court dismisses the plaintiff's proceedings, which sought to challenge the registration of judgment mortgages against her property, as frivolous, vexatious, and an abuse of process, and finding that the plaintiff had no new legitimate basis to initiate these...
Challenges to judgment mortgages are frivolous and vexatious
High Court dismisses a plaintiff's application to strike out proceedings against her, which sought to challenge the registration of judgment mortgages against her property, on the grounds that the proceedings are frivolous, vexatious, and an abuse of process as they...
ICC Reopens Investigation into the Philippines
Earlier this year, the International Criminal Court (“the ICC”) expressed its...
The Windsor Framework: A New Post-Brexit Agreement Governing the EU-UK Relationship
Since the departure of the United Kingdom from the European Union, the new relationship that has emerged has been a rocky one. Nonetheless, the EU...
Scotland’s Devolved Powers Explained: The Gender Recognition Reform (Scotland) Bill
In one of its last acts of 2022, Scotland’s devolved parliament voted to pass the Gender Recognition Reform Bill. The Bill, if enacted, would have...
High Court judges continue to have split opinions on orders made regarding loss of earnings
Where an individual finds themselves out of work for a considerable period of time, such as following an accident at work, they may be entitled to...
Cian O’Carroll solicitor speaks about medical negligence on The Fifth Court podcast
In the new episode of The Fifth Court podcast, solicitor Cian O'Carroll speaks to presenters Mark Tottenham and Peter Leonard about his path into...
Acts of Union “Shattered” Part 2: UK Supreme Court confirms Acts of Union “Suspended” by Northern Ireland Protocol
On 10 December, 2021, I wrote about how the High Court of Northern Ireland found in Re Allister and Ors [2021] NIQB 64 that the Northern Ireland...
Bank’s right to enforce security over land is upheld
Court of Appeal upholds the High Court's decision affirming a bank's right to...
Judgment mortgage on lands upheld and sale ordered in default of debt payment
High Court upholds a judgment mortgage against a debtor's interests in lands,...
Amended proof of debt accepted as revenue commissioners relinquish security in bankruptcy case
High Court dismisses an application by a bankrupt individual seeking to...
Legal professional privilege waived in Minister’s change of law application
Court of Appeal upholds the High Court's decision that the Minister for Transport implicitly waived legal professional privilege by deploying legal advice to justify a change in the application of the law regarding driving license penalty points. The original High Court case centered on the applicant's challenge to the Minister's decision to...
Generic drug manufacturer’s appeal denied and interlocutory injunction upheld
Court of Appeal upholds the High Court's decision to grant an interlocutory injunction restraining a generic drug manufacturer from infringing a Supplementary Protection Certificate (SPC) held by a pharmaceutical company for a diabetes medication combination. The original High Court ruling found that there was a fair question to be tried...
The Windsor Framework: A New Post-Brexit Agreement Governing the EU-UK Relationship
Since the departure of the United Kingdom from the European Union, the new relationship that has emerged has been a rocky one. Nonetheless, the EU...
Scotland’s Devolved Powers Explained: The Gender Recognition Reform (Scotland) Bill
In one of its last acts of 2022, Scotland’s devolved parliament voted to pass the Gender Recognition Reform Bill. The Bill, if enacted, would have...
High Court judges continue to have split opinions on orders made regarding loss of earnings
Where an individual finds themselves out of work for a considerable period of time, such as following an accident at work, they may be entitled to...
Cian O’Carroll solicitor speaks about medical negligence on The Fifth Court podcast
In the new episode of The Fifth Court podcast, solicitor Cian O'Carroll speaks to presenters Mark Tottenham and Peter Leonard about his path into...