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Latest Judgments
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...
Good reason is established to explain failure to execute order for possession
High Court grants the Plaintiff leave to issue execution in respect of an order for possession, on the grounds that it has met the threshold of establishing a good reason which explains the failure to execute the order for possession, and that the delay in executing...
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...
Popular Judgments
Challenges to judgment mortgages are frivolous and vexatious
High Court dismisses a plaintiff's application to strike out proceedings...
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...
Dismissal of sexual abuse claim reversed despite delay and defendant’s death
The Court of Appeal has allowed an appeal from the the High Court, and set aside the dismissal of a sexual abuse claim, despite the significant delay in bringing the case to trial and the death of the defendant. The plaintiff, a retired consultant ophthalmic surgeon, alleged that he was sexually assaulted by his father in 1981. The defendant's...
Local authority not ordered to prepare Local Area Plan despite breach of statutory obligation to do so
High Court has refused to issue an order of mandamus to compel a local authority to prepare a Local Area Plan, in circumstances where the authority admitted its failure to meet its statutory obligation to do so. The court acknowledged the council's breach of duty but exercised its discretion to deny the mandatory relief sought by the applicant...
Popular Articles
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...