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13 May '19
On 9 May 2019 a five Judge Supreme Court handed down a judgment in the case of ACC Loan Management Limited DAC -v- Mark Rickard and Gerard Rickard [2017/146]. The Supreme Court had to make a decision on an appeal from a decision of the Court of Appeal by Mark Rickard. The background to the [...]
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In the recent High Court case of The Personal Insolvency Acts 2012-2015 and in the Matter of Thomas Finnegan (a Debtor), delivered on 4 March 2019, McDonald J set a clear statement about the approach the court should take with regards to the issue of costs in Legal Aid cases (not necessarily limited to Ahaile [...]
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A Private Limited Company (“Company”) can avail of either of two exemptions from having its financial statements audited pursuant to The Companies Act 2014 (“the Act”). 1. The first exemption is known as “the standard exemption” and can be obtained if the Company satisfies certain conditions in respect of the current financial year and the [...]
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21 Feb '19
The European Court of Justice (“ECJ”) has ruled that the Irish Government did not discriminate against teachers on the grounds of age by cutting the starting salary for new entrants. The matter was brought before the ECJ by two claimants, Tomás Horgan and Claire Keegen, both members of the Irish National Teachers’ Organisation (“INTO”), who [...]
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A Dundalk based money transfer / Bureau de change business recently made an application to the High Court by way of injunctive proceedings to prevent Bank of Ireland from terminating their business arrangements. The Dundalk based company claimed Bank of Ireland (BOI) wanted to end their banking arrangements and close their accounts because an alleged [...]
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Up to date statistics from a conference held on the 21st of September, 2018 by the State Claims Agency (SCA) on patient safety confirmed that medical negligence cases relating to maternity care make up more than half of the payouts made by the State. Dr. Peter McKenna, Clinical Director of the HSE’s National women and [...]
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23 Nov '18
In a case that recently came before the High Court in Cork Ms. May Rea sued her neighbours for personal injuries loss and damage caused to her when she was attacked by their two Rottweilers dogs. Liability was admitted on behalf of the Defendants and the case before the Court was to assess the appropriate amount of [...]
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In 2010 James Fagan, as a director and shareholder of Chevas Securities Ltd borrowed €10 million from Ulster Bank to purchase properties in Dublin, Sligo, Dundalk and Galway. The borrowings were secured over a large number of properties, in particular 28 apartments known as Royston Village in Kimmage, Dublin. The borrowings were restructured in September [...]
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Allied Irish Banks,p.l.c. (“AIB”) (in proceedings 2018/ IEHC306), has lost it’s application for a revisit of judgment of Judge Marie Baker’s adjudication in findings regarding AIB Mortgage Bank v Thompson [2017] IEHC 515 (High Court, Baker J, 31 July 2017) – Summary Judgment proceedings. In the 2017 Summary Judgment proceedings Justice Baker found AIB Mortgage Bank failed [...]
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The Presidents of the Circuit Court, High Court and Court of Appeal signed a practice direction on the role of McKenzie Friends in legal proceedings which came in to force on the 1st of October 2017. A McKenzie friend is a lay man, devoid of legal qualifications who may assist a litigant in Court. The [...]
