Court of Appeal: Defendant 'blindsided' bank with submissions and must pay half costs of the hearing
The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley  IESC 84. However, the defendant was required to pay 50 per cent of the bank’s costs for the hearing because the defendant failed to raise the O’Malley point in her notice of appeal.
Court of Appeal in Ireland — 21 January 2021
The High Court has found that a couple have established that there is a fair question to be tried as to the correct interpretation of a charge over their lands.
High Court in Ireland — 20 January 2021
Court of Appeal: Period of disqualification for dangerous driving causing life-changing injuries to small child reduced
The Court of Appeal has upheld a six-year sentence, with the final two suspended, handed down to a juvenile for dangerous driving that left a two-year-old with life-changing injuries. The judges adjusted another sentence handed down, and reduced the period of disqualification.
Court of Appeal in Ireland — 19 January 2021
Court of Appeal: plaintiff only needs to show evidence of 'special circumstances' to justify renewal of summons
The Court of Appeal has dismissed an appeal against the renewal of a personal injuries summons and has confirmed the proper legal test for the renewal of a summons under the recent amendment to Order 8 of the Superior Court Rules in 2018. In a High Court application to renew a summons, it will be sufficient for a party to show “special circumstances” to justify the renewal, the court said.
Court of Appeal in Ireland — 18 January 2021
The High Court has granted summary judgment summary judgment against a defendant despite the defendant asserting a counterclaim for damages for breach of contract. The court described the defendant’s claim as “simply too vague” to stay the judgment and ordered that the defendant pay €125,600 including interest to the plaintiff.
High Court in Ireland — 15 January 2021
The High Court has refused a renewed application for leave to apply for judicial review by a man, Dermot O’Callaghan, representing himself, who made the application by way of a written application submitted to the Central Office of the High Court. He is currently detained in Mountjoy Prison.
High Court in Ireland — 14 January 2021
The Court of Appeal has upheld the judgment of the High Court granting certiorari of refusal of a residence card.
Court of Appeal in Ireland — 13 January 2021
The High Court has found that two plaintiffs are entitled to the costs of an interlocutory application. However, as there is ongoing litigation between the parties, the judge held that they would hear submissions, and was prepared to stay the execution of that order pending the trial.
High Court in Ireland — 12 January 2021
The High Court has granted an order for full costs despite the applicants only being partially successful in their judicial review proceedings. The court considered the case to be one of “general public importance”, raising significant issues regarding journalistic privilege and freedom of expression.
High Court in Ireland — 11 January 2021
The Court of Appeal has dismissed an appeal against a rape conviction in which the defendant claimed that the trial judge had erred by allowing more than one “recent complaint” witness.
Court of Appeal in Ireland — 8 January 2021
In an “unhappy case in which a family has relocated from a non-EU/EEA state to Ireland, where things have not gone well thus far”, the High Court has held that it is not within its jurisdiction to vary a barring order ordered by the District Court in the manner sought by the man subject to the order.
High Court in Ireland — 7 January 2021
The High Court has held that the general “costs follow the event” rule applies in regulatory disciplinary matters which come before the courts.
High Court in Ireland — 6 January 2021
The High Court has ordered that Ryanair must pay the State’s fees in its unsuccessful challenge of the legality of the Government of Ireland’s coronavirus travel advice.
High Court in Ireland — 5 January 2021
The Court of Appeal has ruled that the defendants in a personal injuries action must provide further information to the plaintiff about a “bald denial” in their defence.
Court of Appeal in Ireland — 24 December 2020
The Court of Appeal in Northern Ireland has dismissed a company's application for judicial review of a decision to allow an appeal against an enforcement notice targeting a quarry.
Court of Appeal in Northern Ireland — 23 December 2020