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Judgment mortgage on lands upheld and sale ordered in default of debt payment
High Court upholds a judgment mortgage against a debtor's interests in lands, confirming the mortgagee's entitlement to the judgment debt of €415,997.15. The court rejected the debtor's novel argument that the mortgagee was required to seek leave to issue execution...
Amended proof of debt accepted as revenue commissioners relinquish security in bankruptcy case
High Court dismisses an application by a bankrupt individual seeking to disallow the Revenue Commissioners' amended proof of debt claim in his bankruptcy estate, on the grounds that the Revenue Commissioners acted within the statutory framework and that there was no...
Multiple unfounded legal actions against defendant solicitor dismissed
High Court dismisses the plaintiff's proceedings, which sought to challenge the registration of judgment mortgages against her property, as frivolous, vexatious, and an abuse of process, and finding that the plaintiff had no new legitimate basis to initiate these...
Challenges to judgment mortgages are frivolous and vexatious
High Court dismisses a plaintiff's application to strike out proceedings against her, which sought to challenge the registration of judgment mortgages against her property, on the grounds that the proceedings are frivolous, vexatious, and an abuse of process as they...
Just and equitable to restore company to Register where statutory requirements have been met
Court of Appeal refuses appeal of High Court order restoring a company to the Register of Companies, as well as related orders requiring the directors to bring the annual returns of the company up to date, and to deliver to the Revenue Commissioners all outstanding...
The Windsor Framework: A New Post-Brexit Agreement Governing the EU-UK Relationship
Since the departure of the United Kingdom from the European Union, the new...
Cian O’Carroll solicitor speaks about medical negligence on The Fifth Court podcast
In the new episode of The Fifth Court podcast, solicitor Cian O'Carroll speaks to presenters Mark Tottenham and Peter Leonard about his path into...
Acts of Union “Shattered” Part 2: UK Supreme Court confirms Acts of Union “Suspended” by Northern Ireland Protocol
On 10 December, 2021, I wrote about how the High Court of Northern Ireland found in Re Allister and Ors [2021] NIQB 64 that the Northern Ireland...
Declan Keane, obstetrician, speaks to The Fifth Court podcast about ‘expert shopping’
In the new episode of The Fifth Court, Declan Keane, obstetrician and former Master of the National Maternity Hospital in Holles Street, speaks to...
New decision-making legislation discussed on The Fifth Court podcast
On the new episode of The Fifth Court, Ciara Dowd BL, and solicitor Aileen Curry discuss the new decision-making legislation, which will replace the...
Decisis as a simple sales tool for solicitors
You are meeting a client for the first time. You want to present yourself as knowledgeable and aware of current legal developments. You want to have...
Bank’s right to enforce lien and judgment mortgage over lands is affirmed
Court of Appeal upholds the High Court's decision affirming the validity of a...
Bank’s right to enforce security over land is upheld
Court of Appeal upholds the High Court's decision affirming a bank's right to...
Judgment mortgage on lands upheld and sale ordered in default of debt payment
High Court upholds a judgment mortgage against a debtor's interests in lands,...
Appeal dismissed as property loan co-borrower remains liable despite agreement with others
The Court of Appeal dismissed an appeal against a High Court decision granting summary judgment in favour of a bank for approximately €7 million against one of four co-borrowers under a property investment loan. The appellant, who had not repaid the loan, argued that a debt resolution agreement between the bank and his co-borrowers released or...
Declaration granted for breach of environmental impact assessment notice, but windfarm permission not quashed
The High Court held that the planning permission for a 13-turbine windfarm project was granted in breach of environmental law due to a failure to give proper public notice of the environmental impact assessment for the integrated project, which included significant grid connection works. However, the court declined to quash (certiorari) the...
High Court judges continue to have split opinions on orders made regarding loss of earnings
Where an individual finds themselves out of work for a considerable period of time, such as following an accident at work, they may be entitled to...
Cian O’Carroll solicitor speaks about medical negligence on The Fifth Court podcast
In the new episode of The Fifth Court podcast, solicitor Cian O'Carroll speaks to presenters Mark Tottenham and Peter Leonard about his path into...
Acts of Union “Shattered” Part 2: UK Supreme Court confirms Acts of Union “Suspended” by Northern Ireland Protocol
On 10 December, 2021, I wrote about how the High Court of Northern Ireland found in Re Allister and Ors [2021] NIQB 64 that the Northern Ireland...
Declan Keane, obstetrician, speaks to The Fifth Court podcast about ‘expert shopping’
In the new episode of The Fifth Court, Declan Keane, obstetrician and former Master of the National Maternity Hospital in Holles Street, speaks to...
