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Latest Judgments
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,...
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...
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
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...
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...
Trademark registration for clothing brand refused due to likely confusion, regardless of claims of copying or bad faith
The Court of Appeal overturned the High Court’s decision and upheld the refusal of a trademark registration for a clothing company’s 'Diesel' mark in Ireland. The case arose from a protracted dispute between an Italian fashion company and an Irish manufacturer, each seeking to register the ‘Diesel’ trademark for jeans. The High Court had...
Application to halt presidential election and challenge nomination process refused as non-justiciable
The High Court struck out an application seeking to declare the process for nominating presidential candidates unconstitutional and to prevent the presidential election from proceeding, holding that such matters are political rather than legal and therefore not justiciable. The plaintiff’s claims—alleging unconstitutional interference by...
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...