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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...
Just and equitable to restore company to Register where statutory requirements have been met
Court of Appeal refuses appeal of High Court order restoring a company to the Register of Companies, as well as related orders requiring the directors to bring the annual returns of the company up to date, and to deliver to the Revenue Commissioners all outstanding...
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...
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...
Multiple unfounded legal actions against defendant solicitor dismissed
High Court dismisses the plaintiff's proceedings, which sought to challenge...
Fraudster’s sentence activation upheld and warrant validated for Latvian sentence enforcement
High Court directs the surrender of an individual to the Republic of Latvia to serve a two-year prison sentence for fraud, after the suspension of the sentence was lifted due to non-compliance with probationary conditions. The individual's objections, including the specificity of the European Arrest Warrant (EAW), the arrest procedure, potential...
Transfer of asylum seeker to France upheld despite health data exchange concerns
The High Court has upheld the decision to transfer an asylum seeker to France, rejecting claims that the transfer was unlawful due to alleged non-compliance with health data exchange requirements under the Dublin III Regulation. The court found no exceptional circumstances to warrant a departure from the presumption that the transfer complied...
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...