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Latest Judgments
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...
Order for sale of principal private residence of judgment debtor stayed on condition that holiday home be placed on the market
Supreme Court: (a) dismisses appeal from High Court, and affirms order for sale of principal private residence of judgment debtor and his wife, where interest on the judgment mortgage and another mortgage were increasing the debt substantially; but (b) places a stay...
Assistant Examiner fell into fundamental error of law in failing to regard burden noted on Folio as conclusive ownership of the charge
Court of Appeal allows appeal and overturns decision of the High Court refusing to vary the Certificate of the Assistant Examiner in proceedings relating to the priority of security, and varies the said Certificate, on the grounds that: (a) the appellant presented, on...
Judgment mortgage did not prevent the severance of a joint tenancy
High Court rules that a joint tenancy between the first defendant and his father may be severed despite the registration of a judgement mortgage by the plaintiff prior to the severance against the interests in the land of the first defendant, on the grounds that: (a)...
Acts of Union “Shattered” Part 2: UK Supreme Court confirms Acts of Union “Suspended” by Northern Ireland Protocol
On 10 December, 2021, I wrote about how the High Court of Northern Ireland...
Difficulties with the Proposed Mother and Baby Homes Redress Scheme
This short piece attempts to synopsize the difficulties present in the Mother and Baby Institutions Payment Scheme Bill 2022 which is currently...
Colm O’Dwyer SC, on The Fifth Court podcast
In this weeks episode of The Fifth Court podcast, Colm O'Dwyer SC talks about his work in the area of asylum and immigration, his background in...
Katherine McGillicuddy BL on The Fifth Court podcast
The guest on this week's episode of The Fifth Court podcast is criminal law barrister, Katherine McGillicuddy. She speaks about witness protection,...
The Fifth Court podcast – Keith Walsh, family law solicitor
The guest on this week's episode of The Fifth Court podcast is Keith Walsh, solicitor, who discusses various issues relating to family law,...
How did the Central Bank’s enforcement regime go from “walk softly and carry no stick” to “walk softly but carry a big stick”: Part 2
Introduction The enforcement regime was completely overhauled after the financial crisis due to the recognition that although sufficient tools...
Popular 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...
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...
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...
Order dividing assets on divorce set aside due to failure to make proper provision for dependent spouse
The High Court set aside the Circuit Court's division of assets and maintenance orders arising from divorce proceedings between a long-married couple, finding that the lower court's orders did not constitute proper provision for the financially dependent spouse. The court determined that both parties were entitled to a fair share of the...
Surrender under European Arrest Warrant refused due to inadequate vindication of defence rights in absentia conviction
The High Court refused a request for the surrender of a respondent to Romania under a European Arrest Warrant, where the respondent had been convicted and sentenced in absentia for a theft-related offence. The court found that the respondent's defence rights were not properly vindicated during the original trial, as there was insufficient...
Popular Articles
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...