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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 the plaintiff's property, grants the first defendant an Order striking out the proceedings as against it on the grounds that the proceedings are frivolous or vexatious and/or are bound to...
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...
Scotland’s Devolved Powers Explained: The Gender Recognition Reform (Scotland) Bill
In one of its last acts of 2022, Scotland’s devolved parliament voted to pass...
Ep 17 of The Fifth Court podcast, with Stephen Hanaphy BL on copyright law
The guest on the new episode of The Fifth Court is Stephen Hanaphy BL, who speaks to presenters Peter Leonard BL and Mark Tottenham BL on copyright...
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 University discusses compulsory vaccination, and the extent to which people can...
Ted Harding SC on The Fifth Court podcast
On the new episode of The Fifth Court, Ted Harding SC speaks to Peter Leonard and Mark Tottenham about his career in journalism, including his time...
Gemma McLoughlin Burke BL discusses work as a Judicial Assistant, on The Fifth Court podcast
On Episode 14 of The Fifth Court podcast, Gemma McLoughlin Burke BL speaks to presenters Mark Tottenham and Peter Leonard on her work as a Judicial...
Twelve years of Decisis.ie – 12,754 law reports
Decisis.ie started in January 2011, as 'Stare Decisis Hibernia'. At that time, the superior courts of Ireland were producing judgments at a rate of...
Amended proof of debt accepted as revenue commissioners relinquish security in bankruptcy case
High Court dismisses an application by a bankrupt individual seeking to...
Multiple unfounded legal actions against defendant solicitor dismissed
High Court dismisses the plaintiff's proceedings, which sought to challenge...
Challenges to judgment mortgages are frivolous and vexatious
High Court dismisses a plaintiff's application to strike out proceedings...
Labour Court’s decisions on film industry employment law to be judicially reviewed as set aside applications refused
The High Court refused applications to set aside leave for judicial review proceedings brought by two applicants challenging Labour Court decisions regarding their employment status in the film industry. The court held that the statutory appeal route to the High Court was not an adequate alternative remedy, as the Labour Court had failed to...
No order as to costs in judicial review after deportation proposal rescinded due to administrative error
The High Court has declined to award costs to either party following judicial review proceedings brought by an applicant against a proposed deportation order that was later rescinded as an administrative error. The applicant, who held valid immigration permission, initiated proceedings after receiving notice of the proposal. The court found the...
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...
Ep 17 of The Fifth Court podcast, with Stephen Hanaphy BL on copyright law
The guest on the new episode of The Fifth Court is Stephen Hanaphy BL, who speaks to presenters Peter Leonard BL and Mark Tottenham BL on copyright...
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 University discusses compulsory vaccination, and the extent to which people can...
