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Latest Judgments
Cross examination of deponents not necessary on interlocutory application to restrain trespass on premises
High Court, in the context of an interlocutory motion brought by plaintiffs for an injunction restraining the defendants from trespassing on the premises known as Gorse Hill at Vico Road, Killiney, Co. Dublin, refuses an application by the defendants to cross examine...
Bank granted judgment in sum of €18.5 million against christian fellowship group
High Court grants order for judgment in sum of €18.5 million to receivers of plaintiff bank, in addition to permanent injunctive relief restraining trustees of defendant fellowship from interfering with three charged properties, upon hearing evidence of significant...
Leave to submit late claim to Examiner’s Office refused
High Court rules that assignee of rights attaching to judgment mortgage registered over Wexford property is not permitted to submit late claim to Examiner's Office proving same, on the basis that: (a) the applicant does not have locus standi as it has not produced the...
Order for sale of lands granted to judgment mortgagee
High Court grants order, on application of judgment mortgagee, directing the sale of lands for the sum of €337,000, and orders the defendant and tenant to deliver up vacant possession of the relevant lands following a short stay.
Refusal to annul adjudication of bankruptcy following non-disclosure by petitioner
High Court refuses to exercise its discretion to annul an adjudication of bankruptcy, on the grounds a): that there is no evidence that a material non-disclosure on the part of the petitioner was anything other than innocent; and b) that the debtor cannot establish...
Dr Neil Maddox discusses compulsory vaccination on The Fifth Court podcast
In the new episode of The Fifth Court, Dr Neil Maddox BL of Maynooth...
Tarisai May Chidawanyika: Diversity in Law and Campaigning for Change
Tarisai May Chidawanyika is a newly qualified solicitor and the founder of “Diversity in Law”, an organisation which seeks to promote diversity and...
The art of boring advocacy
What can a new barrister like me learn from the mountains of what has been written about advocacy? Quite a lot, I think. A big theme you will come...
The Archives Act, Data Protection and the GDPR: Do Garda PULSE records amount to a historic account?
Although now 3 years in operation, the GDPR remains as much a mystery to many as it did when it was first introduced. Data protection has become...
A letter from a judge to a teenager
(Originally published in Decisis Law Ireland in 2017) It is not often that judgments of the superior courts of any country go ‘viral’ online. They...
Law on Trial podcast covering legal issues in Ireland and beyond
A new legal affairs podcast called Law on Trial has been launched by the Business Post. Law on Trial is hosted by Mark Tottenham BL, editor of...
Popular Judgments
Judgment in default of appearance upheld where defendant had been adequately served
High Court refuses to set aside an order for summary judgment obtained in...
Power of court to cancel the entry of an inhibition on a property is discretionary
High Court cancels inhibitions placed on property folios on the application of...
No ‘special circumstances’ warranting discharge or variance of Examiner’s certificate
High Court refuses application to vary or discharge a certificate of the...
Questions on environmental information delays to be decided by European Court of Justice
The High Court has referred important questions to the Court of Justice of the European Union (CJEU) concerning delay and the duty of timeliness in decisions under environmental information access regulations. The case arose after a community group challenged repeated remittals by a statutory body, which had prolonged resolution of their request...
Application to amend negligence claim against former solicitors refused due to delay, prejudice and statute bar
The High Court refused a plaintiff's motions to compel acceptance of further and better replies to particulars and to amend a statement of claim in ongoing professional negligence proceedings against former solicitors. The plaintiff, acting as a lay litigant after his solicitor came off record, sought to add entirely new claims that his former...
Popular Articles
EU Law and the Doctrine of Supremacy in Poland
Introduction It has long been established that European Union Law takes precedence over the national law of Member States and that domestic courts...
The Lawyer who Cross-Examined Hitler: A Profile of Hans Litten
Background In 1943, Dorothy Hamilton Stepler wrote: “Ten years ago there was still time to have kept the German state legal and constitutional. Ten...
The Bar, Fake Cases, and a Karate Chop
The Naming of the Bar When we speak of “the Bar” it is understood as the entire body of practising barristers. But where did the term come from? It...
Anonymity – The Cornerstone of Juvenile Justice
On the 12th February 1993, two-year-old James Bulger was kidnapped from a shopping centre and killed. In November of that year, Robert Thompson and...