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Latest Judgments
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...
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...
The Long Road to non-ratification of the EU-Canada Comprehensive Economic and Trade Agreement (CETA)
The EU-Canada Comprehensive Economic and Trade Agreement (“CETA”) was negotiated in 2014 and signed in 2016. Although it entered into force...
Criminal solicitor Frank Buttimer, on Episode 12 of The Fifth Court podcast
In the new episode of The Fifth Court podcast, Frank Buttimer discusses his career as a solicitor specialising in criminal law. He talks about some...
Cork solicitor Flor McCarthy, on The Fifth Court podcast
The guest on the 11th episode of The Fifth Court podcast is Flor McCarthy, of McCarthy+Co solicitors, Clonakilty, Co Cork. He and Wexford solicitor...
Does evidence from a witness in the Witness Protection Programme abridge the rights of the accused? (Part 2 of 2)
A New Approach to the Witness Protection Programme As demonstrated in Part 1, Denham J (as she then was) took the view at para. 150 of DPP v...
Ursula Kilkelly of UCC, on The Fifth Court podcast
In the new episode of The Fifth Court, Ursula Kilkelly speaks about her work as head of the UCC School of Business and Law, as well as children's...
Popular Judgments
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...
Order for possession against mortgagor restored as High Court’s referral to plenary hearing overturned
The Court of Appeal allowed an appeal from the High Court's order that had adjourned an application by three financial institutions for possession of two mortgaged properties to a plenary hearing on six issues, and dismissed a cross-appeal by the borrower seeking to expand his defences. The Court found that the borrower was not a consumer, as his...
Appeal against enforcement of Norwegian child maintenance order refused as grounds for challenge not established
The High Court refused an appeal by the defendant against the enforcement of a Norwegian child maintenance order, finding that all requirements for recognition and enforcement under the applicable international convention had been satisfied. The defendant argued he had not received proper notice of proceedings in Norway, disputed the calculation...
Popular Articles
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...
The Long Road to non-ratification of the EU-Canada Comprehensive Economic and Trade Agreement (CETA)
The EU-Canada Comprehensive Economic and Trade Agreement (“CETA”) was negotiated in 2014 and signed in 2016. Although it entered into force...