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Latest Judgments
No evidence before court as to why a caution registered against folio should remain
High Court grants interlocutory order sought by bank directing the Property Registration Authority to remove a caution registered against a folio (the subject of a court-ordered sale) by a serial lay litigant, who obtained a judgment mortgage against an individual...
Trial ordered on whether ruled settlement agreement contained forged paragraph
Supreme Court: (a) dismisses appeals from High Court, and affirms judgment and well charging order; and (b) orders new trial on the issue of whether a settlement that had been made a rule of court contained a particular clause, where some parties to the litigation...
Well-charging order granted over judgment debtor’s interests in certain lands
High Court, in special summons proceedings, grants plaintiff a well-charging order over defendant's interests in certain lands in County Laois, on the grounds that the plaintiff is holder of three judgment mortgages registered against the defendant's properties,...
Time not extended for debtor to appeal 2007 judgment
High Court: (a) refuses to extend time to appeal judgment obtained in the Circuit Court in default of appearance and defence in 2007, where the judgment debtor had been aware of the judgment since 2008, but had not sought to appeal it until 2016; and (b) refuses to...
Lack of legal representation at trial not a sufficient basis to allow appeal against order for possession
High Court, by way of a Circuit Court appeal against an order for possession granted in favour of the respondent bank against the interests of the appellant as the former mortgagee of a family home in Dublin, dismisses appeal on the grounds that the appellant's...
New decision-making legislation discussed on The Fifth Court podcast
On the new episode of The Fifth Court, Ciara Dowd BL, and solicitor Aileen...
End of court presenter system will cause disruption to prosecutions in the District Court
In criminal prosecutions, the District Court has a longstanding system of court presenters, in which an officer of An Garda Síochána not directly...
Invoking ‘Universal Jurisdiction’ for the prosecution of Crimes Against Humanity
Introduction In January of this year, a German court found Anwar Raslan guilty of crimes against humanity. Raslan ran an infamous detention centre...
The Irish Family Courts in the Context of ‘Proper Provision’ – Judicial Latitude, or Judicial Law Making?
Introduction 'The proper rule of the judiciary is one of interpreting and applying the law, not making it.' Not only are the above words of Justice...
Memorable Opening and Closing Paragraphs of Irish judgments: Part 2
Introduction Part 1 of this article (found here) provided a flavour of the many memorable opening and closing paragraphs of Irish judgments. The aim...
Memorable Opening and Closing Paragraphs of Irish judgments: Part 1
Introduction Written judgments are widely perceived to be boring, inaccessible and difficult to understand. If one was to hazard a guess, such a...
Popular Judgments
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...
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...
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...
Use of seized mobile phone evidence for internal police disciplinary investigation was lawful and proportionate
The Supreme Court upheld an appeal brought by the head of a national policing body against the lower court's ruling that material seized from a police officer's mobile phone—originally obtained under warrant as part of a criminal investigation—could not lawfully be used in subsequent internal disciplinary proceedings after the criminal matter had...
Application to set aside third-party proceedings in workplace accident claim refused
The High Court dismissed an appeal by an insurance company seeking to set aside its joinder as a third party in a personal injuries action brought by an employee against their employer following a workplace accident. The insurance company had argued that the employer failed to comply with a contractual time limit for arbitration and that there...
Popular Articles
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...
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...