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Latest Judgments
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)...
Judgment in default of appearance upheld where defendant had been adequately served
High Court refuses to set aside an order for summary judgment obtained in default of appearance, and deems service good, on the grounds that the defendant had been adequately served, and has been adequately informed of the matters contained in the summons so as to...
Power of court to cancel the entry of an inhibition on a property is discretionary
High Court cancels inhibitions placed on property folios on the application of the notice parties, finding that the power of the court to cancel the inhibitions is discretionary.
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
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...
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...
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...
Wind farm ordered to cease turbine operations after admitted nuisance causes substantial home disruption
The High Court granted a permanent injunction against the operation of three turbines at a wind farm, following the defendants' admission of liability for causing a nuisance that substantially interfered with the plaintiffs' enjoyment of their home. The court awarded the first plaintiff €120,000 and the second plaintiff €180,000 in general...
Fatal injury claim proceeds despite technical objections over form and executor status
The High Court has refused to strike out a fatal injury claim brought by the plaintiff, who is the named executor in the deceased's will but has not yet obtained a grant of probate. The court has decided to stay the proceedings to allow the plaintiff to rectify this issue. Additionally, the court rejected the defendant's argument that the...
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...