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Order for possession upheld where no credible defence is identified
High Court refuses an appeal of a Circuit Court order for possession, granted on foot of a default on a loan facility, on the grounds that a prima facie case for an order for possession has been shown by the plaintiff based on the undisputed evidence in this case, and...
Applicant unsuccessful in appealing refusal to grant leave to issue execution of order for possession
High Court, on appeal from the Circuit Court, which refused to grant leave to issue execution of an order for possession, and in circumstances where the Circuit Court had substituted the previous plaintiff which had obtained an order for possession, refuses the...
Appeal from Circuit Court to proceed despite delay of over seven years
High Court refuses to grant order dismissing appeal from a 2015 order of possession in the Circuit Court, where arrears of mortgage repayments were over €500,000 and the appellant claimed not to have been on notice of the Circuit Court hearing, on the grounds that:...
Orders sought against bank following appointment of receiver were based on misunderstandings regarding the legal effect of issuing proceedings
High Court, in proceedings where the Plaintiff claims he has been defamed by the Defendants who, he says, have made false allegations in relation to his failure to pay his mortgage and have threatened to trespass on his property, following the appointment of a...
Final orders deferred pending further affidavit exhibiting certificate of incorporation on conversion of bank to a designated activity company
High Court, in proceedings seeking a well-charging order against the defendant on foot of an unpaid loan, and where the defendant maintains that the plaintiff has alienated its interest in the loan and the associated security to Promontoria (Oyster) DAC...
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...
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...
Proceedings against mortgage lender are res judicata save in respect of claim for breach of contract by way of overcharging of interest
High Court, in proceedings relating to an order for possession granted over...
Order for possession upheld where no credible defence is identified
High Court refuses an appeal of a Circuit Court order for possession, granted...
Sale of company and truck are not grounds for asset freezing order
High Court refuses to grant a freezing order against a company recently sold by the first defendant, finding no evidence that its new owners intend to dissipate assets to avoid enforcement of potential damages or costs. The court also declined to require the first defendant to provide security for costs, as the plaintiff did not establish...
Appeal court upholds increased sentence for serial sexual offender
Court of Appeal refuses to allow the appellant to withdraw his appeal against sentence and subsequently increases the sentence for multiple counts of sexual assault and rape. The original decision by the High Court to impose an 11-year sentence was deemed too lenient, diverging significantly from the norm for this type of offending. The Court of...
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...