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Latest Judgments
Appeal dismissed as injunction restraining trespass on mortgaged property upheld
The Court of Appeal dismissed appeals brought by the defendant, a barrister, against several decisions of the High Court, which had granted the plaintiff an interlocutory injunction restraining the defendant from trespassing on a property subject to a judgment...
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...
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...
Popular Judgments
Appeal dismissed as injunction restraining trespass on mortgaged property upheld
The Court of Appeal dismissed appeals brought by the defendant, a barrister,...
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...
Mother ordered to return child to United States after surreptitious removal despite prior consent agreement
The High Court ordered the return of a 22-month-old child to the United States after the mother, an Irish citizen, took the child to Ireland without informing the child's father, an American citizen. Although a prior written agreement between the parents permitted future relocation to Ireland if reconciliation failed, the court found that this...
Student’s challenge to university’s academic plan and remediation requirements dismissed
The High Court dismissed all claims brought by a student against a university concerning the handling of special grades and requirements for remediation and progression in a professional degree programme. The student, after experiencing traumatic events and being awarded special grades for six failed modules, argued that the university acted...
Popular Articles
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...