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Monday, 17th November, 2025

Application to dismiss mortgage proceedings for delay refused as court finds no abuse of process or prejudice

By: Decisis
The High Court refused an application by borrowers to dismiss mortgage proceedings brought by a bank due to alleged inordinate and inexcusable delay and want of prosecution. The borrowers argued that there had been excessive delay from both the default on their loan and after initiation of the proceedings, and claimed a prior oral agreement with a bank official released them from liability. The court rejected these claims, finding that the borrowers failed to disclose key correspondence acknowledging ongoing liability, and holding that the overall delay did not amount to an abuse of process or cause real prejudice. While the court acknowledged some periods of delay—especially during the COVID-19 pandemic and solicitor changes—it concluded there had not been a continuous period of two years' total inactivity and that the requirements for dismissal were not met. The application was therefore refused, but the court indicated its intention to make strict case management orders to prevent further delay.

Court provides consent for medical termination where minor lacked capacity and parental consent unavailable

By: Decisis
The High Court granted an application by a statutory health body to provide consent for the termination of pregnancy for a nearly sixteen-year-old girl living in international protection accommodation, who was found by medical professionals to lack the mental capacity to make this decision herself. Neither parent was able to provide the necessary consent due to personal, cultural, and religious reasons, though both indicated they did not object to the procedure taking place. The Court found that all relevant statutory thresholds were met, detailed the risks of serious harm to the minor's life if the pregnancy continued, and held that it was in the minor's best interests for consent to be given by the Court in the exercise of its minor wardship jurisdiction. The order permits the attending medical team to carry out the termination and associated care, with follow-up arrangements put in place.

Application to set aside order for possession refused as court upholds finality of concluded litigation

By: Decisis
The High Court refused the defendant's appeal seeking to set aside an order for possession of a property, originally granted in Circuit Court possession proceedings brought by the plaintiff. The defendant, who acted in person throughout, argued that jurisdictional challenges could be raised at any stage and that the Circuit Court order was a nullity due to alleged jurisdictional defects. However, the High Court held that the application was misconceived, as there was no fundamental denial of justice, the opportunity to appeal had not been used, and the defendant was attempting to re-litigate matters already determined. The court emphasised that the exceptional jurisdiction to set aside final orders does not exist to allow dissatisfied parties to re-argue issues or to frustrate concluded litigation, especially where the possession order had already been executed and the property had changed hands.

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