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Latest Judgments
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...
Application to vacate lis pendens is adjourned to allow amendment of statement of claim
High Court, in an application for an order pursuant to statute vacating the lis pendens registered by or on behalf of the plaintiff against four identified registered properties, stays the proceedings to allow time to the plaintiff to amend her statement of claim so...
Time extended for execution of order for possession where there is no prejudice to defendants
High Court grants an application for an extension of time within which to issue execution of an order for possession, on the grounds that the plaintiff has met the threshold of establishing a good reason which explains the failure to execute the order for possession,...
Liberty to enter final judgment refused where defendants allege that bank sold relevant properties at an undervalue
High Court refuses application to enter final judgement against the defendants in respect of monies due and owing pursuant to loans for the purchase of property, where the defendant maintains that the relevant property was placed on the market by the plaintiff at an...
Cian O’Carroll solicitor speaks about medical negligence on The Fifth Court podcast
In the new episode of The Fifth Court podcast, solicitor Cian O'Carroll speaks...
What is the Witness Protection Programme, and how is it viewed by the Irish Courts? (Part 1 of 2)
Introduction Ireland’s Witness Protection Programme (“WPP”; “the Programme”) has received a lot of renewed interest in recent weeks as Jonathon...
Sara Phelan SC, Chair of the Bar Council, on The Fifth Court podcast
This week's guest on The Fifth Court is Sara Phelan SC, Chairperson of the Bar Council. She makes the following book recommendations: Philippe...
Mr Justice Gerard Hogan on Erskine Childers’s trial, habeas corpus, and execution -The Fifth Court podcast
On the new episode of The Fifth Court, Gerard Hogan of the Supreme Court of Ireland discusses the case of Erskine Childers, the renowned...
The Mobility of Irish – but not British – Lawyers in the European Union
The growing demand for cross-border legal services across the European Union (“the EU”) makes it easier for lawyers to envisage a career beyond...
Courts in the electronic age: Gerard Groarke BL and Stephen Dowling SC
The guests in this week's episode of The Fifth Court podcast are Gerard Groarke BL and Stephen Dowling SC. Each of them has taken steps to bring the...
Popular 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...
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...
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...
Application to restrain mortgagee sale of farmland refused due to prior settlement and delay
The High Court dismissed an application by borrowers for an interlocutory injunction to restrain the sale of mortgaged farmland by a lender, finding that the borrowers were precluded from challenging the lender’s power of sale due to a prior settlement agreement. The court held that the borrowers, having entered into the revised settlement with...
Certificate for leave to appeal refused in challenge to deportation and refoulement decisions
The High Court refused an applicant's request for a certificate for leave to appeal following an earlier decision denying permission to pursue judicial review of a deportation order and a refoulement decision. The court found that neither of the proposed legal questions raised points of law of exceptional public importance, nor was there any lack...
Popular Articles
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...