No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
Latest Judgments
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.
No ‘special circumstances’ warranting discharge or variance of Examiner’s certificate
High Court refuses application to vary or discharge a certificate of the Examiner of the Hight Court, granted on foot of an enquiry as to encumbrances which did not admit the claimant's claim, on the grounds that the claimant failed to submit its formal proofs to the...
Well charging order refused where personal representative did not assent to vesting the registered land in defendant
High Court refuses property company's application for a well charging order, on the grounds that: 1) the land in question is registered land and the defendant does not enjoy any interest in her mother's estate in the absence of an assent by the personal representative...
Agreement with bank to pay debt in part was not supported by any consideration
High Court, on appeal from the Circuit Court, affirms order granting the respondent bank an order for possession over the appellant defendants' family home, on the grounds that an agreement entered into between the first defendant and a bank official over the...
Declan Keane, obstetrician, speaks to The Fifth Court podcast about ‘expert shopping’
In the new episode of The Fifth Court, Declan Keane, obstetrician and former...
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 1
Introduction In light of a series of very successful enforcement actions, most notably the staggering €100,520,000.00 fine imposed against the...
The Fifth Court podcast – interview with Simon Mills SC
In the new episode of the Fifth Court Podcast, Simon Mills SC discusses his transition from medical doctor to barrister, some current issues in...
The Fifth Court podcast – interview with Karyn Harty of Dentons
In Episode 2 of The Fifth Court podcast, Karyn Harty speaks about her move to Dentons, the world's largest law firm, which has opened a Dublin...
The Fifth Court podcast – interview with Mr Justice Gerard Hogan
A new podcast, The Fifth Court, has been launched, to cover Irish legal issues. Presented by Peter Leonard BL and Mark Tottenham BL (editor of...
Should expert witnesses have a right of reply from findings of judges?
(This article was originally published in the Expert Witness Journal, (UK) April 2021) Expert evidence has increasingly been under the spotlight in...
Popular Judgments
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...
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 application against bar and residence remitted for full hearing amid credible family and investment-based defences
The High Court refused to grant summary possession of a property comprising a family home and licensed premises to a bank, instead directing that the matter proceed to a plenary hearing. The decision was driven by the defendant company raising credible, factually unchallenged defences—including claims that a set-off may apply arising from...
Judicial review challenge to wind farm planning consent dismissed as grounds not substantiated
The High Court dismissed a challenge by local residents and an environmental group seeking to quash planning consent for a 7-turbine wind farm development. The applicants raised multiple grounds, including a claimed lack of landowner consent, alleged insufficient environmental and health impact assessments (especially on sensitive individuals),...
Popular Articles
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...
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,...