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Plaintiffs awarded costs and enforcement rights after challenge to judgment mortgage dismissed
The High Court ruled on costs and final orders following a substantive application by the plaintiffs for well-charging relief, arising from a dispute over a judgment mortgage registered against property. The plaintiffs were entirely successful in their claims and in...
Judgment mortgage over family property upheld where business debt remained unpaid
The High Court dismissed an appeal brought by two defendants against a Circuit Court order declaring that a judgment mortgage over their property was well-charged in favour of the plaintiffs, who are family members seeking repayment of significant sums advanced for a...
Defence correctly reinstated in action against Garda despite failure to comply with discovery order
Court of Appeal allows appeal from High Court, and affirms order setting aside a decision of the Deputy Master to strike out a defence in personal injury proceedings for failure to comply with an order for discovery. The High Court found "special circumstances"...
Bank’s right to enforce lien and judgment mortgage over lands is affirmed
Court of Appeal upholds the High Court's decision affirming the validity of a bank's lien and judgment mortgage over certain lands, rejecting the appellants' arguments for setting aside the judgment and orders. The appellants, representing themselves, failed to...
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,...
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...
Plaintiffs awarded costs and enforcement rights after challenge to judgment mortgage dismissed
The High Court ruled on costs and final orders following a substantive...
Judgment mortgage over family property upheld where business debt remained unpaid
The High Court dismissed an appeal brought by two defendants against a Circuit...
Defence correctly reinstated in action against Garda despite failure to comply with discovery order
Court of Appeal allows appeal from High Court, and affirms order setting aside...
Provider required to supply end-of-contract information and best tariff advice to customers after minimum term
The High Court granted an application by the national regulator for electronic communications, directing a service provider to provide customers with end-of-contract notifications and annual best tariff information following the expiry of minimum commitment periods in their contracts. The court found that contracts described as ‘of indeterminate...
Personal injuries claim struck out due to inordinate and inexcusable delay by plaintiff
The High Court struck out the plaintiff's claim for personal injuries arising from an alleged assault in a residential care facility, citing inordinate and inexcusable delay by the plaintiff in progressing the proceedings. The court found that the plaintiff was responsible for prolonged periods of inactivity totalling over two years, well before...
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...
