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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...
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...
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...
Disciplinary panel resignations render challenge to appeal process moot
The High Court struck out proceedings brought by the plaintiff seeking an injunction to prevent three disciplinary appeal panel members from continuing to hear his appeal and to require a new hearing before an entirely new panel. Following the resignations of two panel members and a written commitment by the third not to participate further, the...
Interlocutory injunction granted to restrain sale of mortgaged residential property pending sale and calculation of proceeds from farmlands
The High Court granted an interlocutory injunction to the plaintiff, one of two mortgagors, restraining the defendants (a receiver and a finance company as mortgagee) from selling a tenanted residential property (the Bungalow) in Offaly until after the sale and calculation of net proceeds from adjacent farmlands also subject to the mortgage. The...
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...
