Searching Content indexed under Trials & Appeals & Compensation by Ronan Daly Jermyn ordered by Published Date Descending.
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Show Me The Money? Loan Purchase Price Only Needs To Be Disclosed To Borrower Litigants In Exceptional Circumstances
In recent years, the sale of non-performing loan portfolios by banks and other credit institutions to investment funds has become more prevalent
4 Oct 2019
Exaggerated & Fraudulent Claims – A Step In The Right Direction?
Recent media coverage of personal injury litigation and the knock on effect of awards on premium holders has yet again highlighted the need for change and reform in our courts in both the determination of wrong doing...
8 Aug 2019
The Supreme Court Reaffirms The Importance Of Discovery
The English invented discovery while casting about for a substitute for torture for parties unwilling to reveal facts at issue in a law suit. Their idea was a good one
6 Aug 2019
Court Of Appeal Not Swayed In "Swinging" Defamation/Privacy Case
The Court of Appeal has recently upheld a High Court finding of defamation against the Sunday World newspaper while also awarding damages for breach of privacy1
24 Jun 2019
Your Eggs Or Mine: Court Of Appeal Restates The Law On Passing Off
Although passing off cases are a rare phenomenon in Irish courts there have been times when businesses have sought the litigation route to stop a person or a business from passing off their goods or services.
12 Apr 2019
Two Recent Milestones In Japanese Knotweed Litigation
In a previous article (April 2017) the case of Williams & Waistell v Network Rail was discussed. In this landmark case, a Cardiff Court found Network Rail responsible for an actionable nuisance
19 Mar 2019
Out Of Time: Nóirín O'Sullivan -V- Irish Examiner
Earlier this month, the High Court (Judge Pilkington) refused former Garda Commissioner Noirin O'Sullivan an extension of time within which to issue defamation proceedings.
27 Nov 2018
Court Of Appeal Decision Limits The Ability Of Borrowers To Challenge Loan Owners
The recent Court of Appeal decision handed down by Ms. Justice Baker on 31 October 2018 in the case of Tanager DAC v Rolf Kane and PRA (Amicus Curiae) and Bank of Scotland (Notice Party),
14 Nov 2018
Confidence In Legal Professional Privileged Upheld In UK Court Of Appeal
A recent Court of Appeal finding in the UK has provided both Corporate Counsel and external lawyers
28 Sep 2018
Defamation Claims On The Rise In Ireland
The Courts Service Annual Report 2017 was published by the Courts Service on 17 July 2018 and shows a significant increase in the number of defamation claims in the Courts.
7 Aug 2018
Letting Sleeping Dogs Lie – How Much Delay Is Too Much?
As Mr Justice Keane recently stated in the High Court case of Brian Maxwell v Irish Life Assurance and others, there is no strict chronological or arithmetical answer to the question ....
15 May 2018
High Court Determines That A Child Protection Referral Is Protected By Qualified Privilege
The High Court has held that a Landlord who made a child protection referral to Tusla and the HSE arising from child protection concerns she had about her tenants could successfully rely on the defence of qualified privilege...
29 Mar 2018
Statute Of Limitations In Property Damage Claims: The Implications
The question of when damage was capable of being discovered will now become the new battleground in property damage claims where there is a possible Statute of Limitations defence.
26 Mar 2018
High Court Rules Debtors Have A Voice In Applications To Review Creditors' Rejection Of A PIA
Ms. Justice Marie Baker has found in her recent judgment In the Matter of Niamh Meeley & Ors that debtors also have a voice in applications brought on their behalf by a Personal Insolvency Practitioner...
20 Feb 2018
Supreme Court Suggests A Second Layer Of Appeal May Lie In Certain Circuit Court Cases
On 7 February, 2018 the Supreme Court issued a Determination in the case of Gearoid Costelloe v Dominic Carney & Niamh Carney [2018] IESCDET 28 (per Clarke CJ, McMenamin J. and O'Malley J.)
12 Feb 2018
Court Of Appeal Considers Rules Governing The Granting Of Security For Costs
On the 15th of December 2017, Mr. Justice Gerard Hogan delivered the long-awaited Court of Appeal decision in the case of Used Car Importers of Ireland Limited v Minister for Finance...
16 Jan 2018
High Court Seeks Clarity On Rights Of Unregistered Owners Of Registered Security Over Land
The High Court has invited the parties in proceedings involving the repossession of a family home by Tanager Designated Activity Company to seek a reference to the Court of Appeal.
16 Jan 2018
Repossessions Update: Relying On The Rateable Valuation Of A Property In Proceedings In The Circuit Court
On 12 December 2017, the Chief Justice, Mr. Justice Frank Clarke delivered a long awaited unanimous decision of the Supreme Court in the case of Permanent TSB plc –v- David Langan and the Attorney General.
16 Jan 2018
Court Of Appeal Clarifies Ambit Of Res Judicata / Henderson v Henderson Principles
The Court of Appeal has taken the opportunity to clarify the scope of the linked principles of Res Judicata/the Rule in Henderson v Henderson.
12 Dec 2017
Bank Denied Summary Judgment On Foot Of Ex-Partner's Guarantee For "Emotionally Transmitted Debt"
Ms. Geraghty was in a romantic relationship with the Third Named Defendant in the proceedings,
11 Oct 2017
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