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Latest Judgments
Debtor had failed to disclose material facts in application for protective certificate
High Courts grants order that a protective certificate granted to a debtor under the personal insolvency legislation should not apply to a creditor with a €203K judgment mortgage over the debtor's principal private residence, on the grounds that: a) the creditor had...
Insufficient reasons established to sever a joint tenancy and partition family home
High Court refuses to order the partition of a family home in order to satisfy a debt, on the grounds that the judgment mortgage creditor failed to establish sufficient reasons for severing a joint tenancy when seeking the partition of the family home.
Court lacks equitable jurisdiction to interfere with rights created by the proper registration of a judgment mortgage
High Court refuses to discharge a properly registered judgment mortgage entered against the defendant's lands in South County Dublin on foot of a prior order granted for final judgment against the defendant in the amount of €455,000, in circumstances where: 1) the...
Time extended to admit claim to have judgment mortgage discharged out of the proceeds of intended sale of property
Court of Appeal allows appeal of refusal to extend the time fixed by the Examiner to admit its claim to have a judgment mortgage, which it had registered against the property of the defendant, discharged out of the proceeds of the intended sale of that property,...
Application to extend time to appeal against judgment mortgage dismissed where no arguable ground of appeal demonstrated
Court of Appeal dismisses application to extend time to appeal judgment mortgage made in respect of lands the defendant claims to have instructed to be transferred to her parents, finding that none of the three tests which the court must consider in deciding whether...
Ep 17 of The Fifth Court podcast, with Stephen Hanaphy BL on copyright law
The guest on the new episode of The Fifth Court is Stephen Hanaphy BL, who...
Christmas Cancelled? Lessons Learned from the Christmas Ban of 1647
(This article was originally published in Decisis Law Ireland in December 2020.) This year is set to be a Christmas like no other. With COVID-19...
Historical Female Lawyers and the Absence of Portraits
“Firsts” In light of the 100-year anniversary of Frances Kyle and Averil Deverell being called to the Bar, I’d like to highlight what were, at least...
Balancing the Scales: The Abolition of “Basis of Contract” Clauses
Introduction A recurring theme in insurance law is the power imbalance between the insurer and the insured. The Law Reform Commission in its...
Acts of Union “Shattered” by Northern Ireland Protocol
Irish practitioners might recall the Acts of Union 1800 (often mistakenly referred to as the Act of Union 1801) as being the key piece of...
“A Lawyer and Yet Not a Thief, to the Wonder of the People”: A Brief History of Pro Bono Work
Introduction It is very common to see lawyers working for clients on a pro bono publico basis; that is, “for the public good”. Noonan J. has written...
Popular Judgments
Order for sale of principal private residence of judgment debtor stayed on condition that holiday home be placed on the market
Supreme Court: (a) dismisses appeal from High Court, and affirms order for...
Assistant Examiner fell into fundamental error of law in failing to regard burden noted on Folio as conclusive ownership of the charge
Court of Appeal allows appeal and overturns decision of the High Court...
Judgment mortgage did not prevent the severance of a joint tenancy
High Court rules that a joint tenancy between the first defendant and his...
Renewal of personal injuries summons refused due to solicitor’s mere inadvertence
The High Court refused an application by the plaintiff to renew a personal injuries summons against a medical practitioner after the summons was not served within the required 12-month period. The judge found that the failure to serve was due to mere inadvertence by the plaintiff’s solicitor, without any exceptional or unusual circumstances that...
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 opposing several motions brought by the first named defendant, who challenged the...
Popular Articles
Invoking ‘Universal Jurisdiction’ for the prosecution of Crimes Against Humanity
Introduction In January of this year, a German court found Anwar Raslan guilty of crimes against humanity. Raslan ran an infamous detention centre...
The Irish Family Courts in the Context of ‘Proper Provision’ – Judicial Latitude, or Judicial Law Making?
Introduction 'The proper rule of the judiciary is one of interpreting and applying the law, not making it.' Not only are the above words of Justice...
Memorable Opening and Closing Paragraphs of Irish judgments: Part 2
Introduction Part 1 of this article (found here) provided a flavour of the many memorable opening and closing paragraphs of Irish judgments. The aim...
Memorable Opening and Closing Paragraphs of Irish judgments: Part 1
Introduction Written judgments are widely perceived to be boring, inaccessible and difficult to understand. If one was to hazard a guess, such a...