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Latest Judgments
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Courts in the electronic age: Gerard Groarke BL and Stephen Dowling SC
The guests in this week's episode of The Fifth Court podcast are Gerard...
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Popular Judgments
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Appeal against damages for malicious prosecution by gardaí dismissed as awards upheld for wrongful prosecution
The Court of Appeal dismissed appeals by two gardaí and the State against High Court jury awards for malicious prosecution in favour of two brothers, both Italian nationals, who had been wrongly accused of theft, arrested, and prosecuted following an incident on a tram in Dublin. At trial, the jury found that the prosecution had been maintained...
Deed of Separation set aside as sham and family home awarded to wife in divorce proceedings
The High Court set aside the terms of a Deed of Separation entered into between the parties, finding it was not a bona fide agreement but a sham orchestrated by the husband to minimise provision for his wife and preserve family assets for himself. The court concluded that the husband had deliberately misled his wife about the purpose of the...
Popular Articles
Developments in the law relating to ‘subject to contract’ correspondence
In property negotiations, it is usual practice for the solicitors on either side to mark the correspondence ‘subject to contract / contract denied’,...
An arbitrator’s jurisdiction: a law unto itself
Often when a dispute arises the court system is what springs to mind. However, the situation is often complicated when the parties have agreed that...
Compulsory purchase orders to facilitate private industrial development
When reading written judgments, it can be easy to forget that the legal struggle reflects a more personal struggle for many litigants. In Reid v....
Anonymisation of personal data in written judgments
It is common in written judgments concerning assessment of damages in personal injuries cases for the judge to describe in some detail the ailments...