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Latest Judgments
Priority between creditors could not be determined in the absence of one of them
High Court refuses application by creditors over registered land to amend their pleadings to seek declaratory relief concerning the priority of charges, on the grounds that: (a) no supporting plea as to facts or the legal consequences of those facts had been given to...
Receiver was validly appointed by deed under seal pursuant to mortgage deeds
Court of Appeal dismisses appeal of High Court order for possession of property, on the grounds that, in light of key documents provided: 1) what was the EBS Building Society is now EBS Ltd, and the plaintiff has discharged the requisite onus of proof of demonstrating...
Credit union is debarred from challenging exclusion of a debt from a personal insolvency arrangement
Court of Appeal allows appeal of High Court ruling that a debt be excluded from the operation of a personal insolvency arrangement entered into by the debtor after a judgment mortgage was obtained by a credit union, on the grounds that the credit union was debarred...
Mortgagors restrained from interfering with entitlement to possession of property
High Court grants an injunction restraining two defendant mortgagors from interfering with the plaintiff's entitlement to possession of a property, where a judgment mortgage for over €1.3 million had been registered against the second defendant's interest in the...
Secured creditor entitled to full interest accrued under well charging order
High Court, in a case where a well-charging order was granted in November 1999 but the premises were not sold until March 2013, determines that the plaintiff, a secured creditor, was entitled to all of the interest accrued to date on the principal moneys found due...
Decisis as a simple sales tool for solicitors
You are meeting a client for the first time. You want to present yourself as...
EU Law and the Doctrine of Supremacy in Poland
Introduction It has long been established that European Union Law takes precedence over the national law of Member States and that domestic courts...
The Lawyer who Cross-Examined Hitler: A Profile of Hans Litten
Background In 1943, Dorothy Hamilton Stepler wrote: “Ten years ago there was still time to have kept the German state legal and constitutional. Ten...
The Bar, Fake Cases, and a Karate Chop
The Naming of the Bar When we speak of “the Bar” it is understood as the entire body of practising barristers. But where did the term come from? It...
Anonymity – The Cornerstone of Juvenile Justice
On the 12th February 1993, two-year-old James Bulger was kidnapped from a shopping centre and killed. In November of that year, Robert Thompson and...
Government lawyers and the ethics of instructing experts
When the State is involved in litigation, do different ethical considerations apply than those concerning other litigants? In a recent paper by Ms...
Popular Judgments
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...
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...
Further inquiries necessary before receiver can be appointed over property
High Court, in proceedings to appoint a receiver by way of equitable execution...
Judicial review challenge to planning amendment for wind farm dismissed as changes found non-material
The High Court dismissed an application for judicial review challenging a decision by a statutory planning body to permit amendments to a previously authorised wind farm development, specifically the relocation of two turbines and associated ancillary works. The applicants argued that the changes were material and required full public...
Claim challenging garda retirement dismissed due to inordinate and inexcusable delay
The High Court dismissed a long-running action brought by a former member of An Garda Síochána who sought to challenge the termination of his employment on alleged health grounds, claiming the real reason for his retirement was due to his involvement in and disclosures about covert Garda operations. The court found that the proceedings were...
Popular Articles
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...
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...