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Friday, 14th November, 2025

No order as to costs in judicial review after deportation proposal rescinded due to administrative error

By: Decisis
The High Court has declined to award costs to either party following judicial review proceedings brought by an applicant against a proposed deportation order that was later rescinded as an administrative error. The applicant, who held valid immigration permission, initiated proceedings after receiving notice of the proposal. The court found the proceedings were issued prematurely, as the error could have been corrected had the applicant more clearly highlighted his valid status to the Minister prior to litigation. However, recognising the respondent’s role in the error and subsequent delay in rescinding the proposal, the court also refused to award costs to the respondent, making no order as to costs.

Order for possession against mortgagor restored as High Court’s referral to plenary hearing overturned

By: Decisis
The Court of Appeal allowed an appeal from the High Court's order that had adjourned an application by three financial institutions for possession of two mortgaged properties to a plenary hearing on six issues, and dismissed a cross-appeal by the borrower seeking to expand his defences. The Court found that the borrower was not a consumer, as his loan had a significant business purpose, and therefore consumer protection regulations did not apply. It held that the mortgage's terms meant the debt became due automatically upon default, without requiring a letter of demand, and that documentary evidence relied upon by the lenders was admissible under current legislation. The Court also determined that it was sufficient for the registered legal owner of the charge, rather than the beneficial owner, to seek possession, and rejected claims that regulatory authorisation defects or disputes over interest rate notification constituted credible defences. The case was remitted to the High Court only to decide whether the latest assignee, having been joined at appellate level, was legally entitled to possession on a summary basis. The lenders were provisionally awarded their costs.

Appeal against enforcement of Norwegian child maintenance order refused as grounds for challenge not established

By: Decisis
The High Court refused an appeal by the defendant against the enforcement of a Norwegian child maintenance order, finding that all requirements for recognition and enforcement under the applicable international convention had been satisfied. The defendant argued he had not received proper notice of proceedings in Norway, disputed the calculation of arrears, and claimed direct payments to the child’s mother, but the court determined he had adequate notice and the opportunity to challenge the original decisions, and that Irish law did not permit review of the merits of the foreign decision. The court found that the defendant’s objections did not fall within the allowable grounds for resisting enforcement and could not revisit the substance of the maintenance assessments made abroad.

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