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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...
Short adjournment to address evidential deficit in application for leave to issue execution
High Court, in application seeking leave to issue execution, grants a bank an adjournment to file a further affidavit to address the evidential deficits, including the failure to provide an explanation for the delay in seeking execution, on the grounds that the...
Appeal of order granting possession of mortgaged property is refused where there was no bona fide defence
High Court dismisses appeal of Circuit Court order granting the plaintiff possession of the defendant's mortgaged property, and refuses the first defendant's application for discovery, on the grounds that the defendant has not advanced any stateable or bona fide...
Related proceedings dismissed where plaintiff failed to identify a cause of action which was not doomed to fail
High Court, in three related proceedings concerning the arrangement of certain loan facilities, dismisses the first and second proceedings in their entirety, and dismisses the majority of the third proceedings, on the grounds that the plaintiff has failed to identify...
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...
Order for possession upheld where no credible defence is identified
High Court refuses an appeal of a Circuit Court order for possession, granted...
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...
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...
Pandemic unemployment payment appeal dismissed due to delay in judicial review application
High Court refuses to grant an extension of time for a judicial review application challenging the cessation of the applicant's COVID-19 Pandemic Unemployment Payment (PUP). The applicant, who was in receipt of a part-time income, sought to be treated similarly to self-employed individuals under the PUP scheme. The court found that the...
Employer’s liability for employee’s injuries covered under motor insurance policy
Supreme Court determines that an employer can be considered a 'user' of a vehicle through the actions of its employees, in a case where an employee was injured by equipment attached to a company vehicle. The High Court had previously found that the employer's liability must be insured under statute, but the Court of Appeal disagreed, stating that...
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...