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Latest Judgments
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...
leave granted to execute order of possession despite lapse of six years
High Court grants an order for leave to issue execution of an order possession, despite lapse of six years, on the grounds that: (1) the appellant had tried to contact the defendants regarding the mortgage with a view to avoiding a forced sale; (2) some of the delay...
Payment against judgment debt did not require re-registration of judgment mortgage
High Court: (a) grants a well-charging order in respect of a number of properties owned by three brothers arising from a judgment mortgage exceeding €19 million, on the grounds that it had not been necessary to re-register the judgment mortgage every time a payment...
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
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...
School principal’s delay in reporting allegation against teacher constitutes poor professional performance
The High Court refused to quash a finding by a disciplinary panel of poor professional performance on the part of a school principal for failing to inform the parents of a vulnerable, non-verbal child with autism about an allegation of inappropriate behaviour by a teacher for a period of 19 weeks. The principal's defence, based on adherence to...
Sentences increased on appeal for child sexual exploitation offences
The Court of Appeal has set aside the original sentences imposed on an individual for child sexual exploitation offences, deeming them unduly lenient. The original court had sentenced the individual to concurrent terms of imprisonment of two and a half years with the final eighteen months suspended. The appellate court found errors in principle,...
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...