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Latest Judgments
Application to reinstate judgment obtained in 2002 dismissed on grounds of inordinate delay
High Court grants application to dismiss the plaintiffs' application to reinstate a judgment against defendants entered on 24th July, 2002, in the sum of €164,162.66, on the grounds of inordinate and inexcusable delay on the part of the plaintiffs.
Judgment mortgage proceedings amended to include specific folio
Supreme Court, in appeal brought by mortgagor against order of the High Court (Dunne J) granting well charging orders in respect of a judgment mortgage registered over certain lands in Cork, amends the proceedings to include claim in respect of specific folio wrongly...
Bank granted order for possession where no defence raised
High Court grants bank order for possession of lands and premises where defendant has failed to raise any legitimate defence to claim that he entered into loan, that the properties set out in the special summons were duly mortgaged as security for the loan, and that...
Unclear whether defendant had interest over lands subject to judgment mortgage
High Court: a) refuses well charging order over lands, on grounds that it was not clear that the defendant had a beneficial interest in the said lands; and b) joins as co-defendant a company which appeared to have an interest in the said lands.
Summons amended to give correct date of judgment mortgage
High Court directs amendment of special summons in claim for well charging order, where summons gave incorrect date for registration of judgment mortgage.
Ted Harding SC on The Fifth Court podcast
On the new episode of The Fifth Court, Ted Harding SC speaks to Peter Leonard...
“Child-friendly” Judgments and Beyond: Simple Language in the Superior Courts
Introduction It's hard to recall the number of times I was told as a student to avoid legalese at all costs. I was advised that it only complicates...
Women and the Law: Historic discrimination in Ireland
Gender equality in the workplace, in the family and in society more generally remains a much discussed and debated topic in Ireland, especially...
Law Students Lament: A Slow Decline of Easily Memorised Rules of Thumb?
Depending on who you ask, a “rule of thumb” is either a useful way of remembering an otherwise wearisome idea, or a phrase which harks back to an...
You can’t handle the truth: The Perjury Act of 2021
On the 28th of July 2021, the Criminal Justice (Perjury and Related Offences) Act 2021 came into effect, creating a statutory offence of perjury....
Gendered language and the law – Farewell sirs!
(First published in Decisis Law Ireland in October 2020) In their most recent effort to make the profession more inclusive, the Law Society have...
Popular Judgments
Well charging order refused where personal representative did not assent to vesting the registered land in defendant
High Court refuses property company's application for a well charging order,...
Agreement with bank to pay debt in part was not supported by any consideration
High Court, on appeal from the Circuit Court, affirms order granting the...
No evidence before court as to why a caution registered against folio should remain
High Court grants interlocutory order sought by bank directing the Property...
Application to cross-examine government official in judicial review of tobacco licence fees refused
The High Court refused an application by a retail association to cross-examine a government official in judicial review proceedings challenging the legality of new licence fees for the sale of tobacco and nicotine inhaling products. The court held that cross-examination was not warranted as there were no factual disputes requiring resolution; the...
Discovery ordered in dispute over scope of parking rights under 1985 deed of conveyance
The High Court ordered the plaintiffs to make discovery of various categories of documents relating to a dispute over the interpretation of parking rights granted in a 1985 deed of conveyance. The defendant, as owner of certain premises, argued it could park in any location within a larger area marked in green, while the plaintiffs claimed the...
Popular Articles
Government lawyers and the ethics of instructing experts
When the State is involved in litigation, do different ethical considerations apply than those concerning other litigants? In a recent paper by Ms...
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...