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Latest Judgments
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...
Court’s role is not to make value judgment as to whether it was reasonable for bank to refuse a settlement offer
High Court grants a bank an order for possession of a property, despite the defendant’s difficult change in circumstances and engagement with the bank to try and reach payment plans and settlement, on the grounds that: (a) the bank did not breach the Code of Conduct...
Further inquiries necessary before receiver can be appointed over property
High Court, in proceedings to appoint a receiver by way of equitable execution over a property on foot of a judgment mortgage, directs the Revenue Commissioner to give further evidence on affidavit, including - the steps taken to satisfy the judgment and the amount of...
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
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...
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...
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...
Legal aid withdrawal upheld for lack of fraud evidence in decades-old factory fire compensation case
The High Court upholds the Legal Aid Board's decision to terminate a legal aid certificate previously granted to an individual seeking to challenge a 1988 judgment regarding a factory fire compensation claim. The individual, a shareholder in the company that owned the factory, argued that the original judgment had indirectly implicated him in...
Surrender to Northern Ireland approved for sexual assault prosecution despite minimum gravity challenge
The High Court has ordered the surrender of the respondent to Northern Ireland to face prosecution for an alleged sexual assault, rejecting the sole ground of objection concerning the minimum gravity requirement. The respondent argued that the potential maximum sentence of six months in a Magistrates Court did not meet the threshold set by...
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...