News and Insights
Email Eoin on eoin@hpslaw.ie if you want to receive monthly litigation bulletins.
June 2022
The High Court provides clarity on requests for inspection of title documents under s.91 of the Land and Conveyancing Law Reform Act 2009. We review the judgment of Ms. Justice Stack in Farrell v Everyday Finance DAC [2022] IEHC 303. Read here
1st June 2022
Congratulations to Eoin Pentony, Head of Litigation and Edward Murray BL for publishing an article on plaintiff delay in June's Law Society Gazette.
The article is entitled "the time has come" and discusses a recent trend in the courts of a reduced tolerance toward plaintiffs, who engage in delay in progressing their proceedings.
The research affects applications to strike out lis pendens and applications to strike out proceedings that have not moved in over two years.
Don't delay in checking out the article!
May 2022
We have reviewed a large number of O42 r24 RSC applications to execute court orders/judgments older than 6 years. A new trend is emerging in the courts, making it more difficult for applicants to execute court orders/judgments older than 6 years.
This new trend will particularly affect loan sale purchasers. Read More
April 2022
The High Court rejects a well charging application of a registered lien. We examine the judgment of Promontoria Oyster DAC v John Fox [2022] IEHC 97. Read more
March 2022
Congratulations to our head of litigation, Eoin Pentony and Edward Murray BL on publishing an article called "To execute or not execute? That is the question. A review of Order 42 rule 24" in April's edition of the Commercial Law Practitioner.
February 2022
The High Court dismisses a loan sale purchaser’s summary proceedings of €2.5 million on the grounds of delay. We look at the decision in Cabot Financial (Ireland) Limited v Heffernan & Ors [2021] IEHC 823. Read More
January 2022
The High Court reiterates its position on the production and inspection of unredacted documents from a loan sale purchaser. We review the decision in McFadden v Pentire Property Finance & Kavanagh [2021] IEHC 793. Read more
17th January 2022
As of 17th January 2022, Edward Healy Solicitors are authorised to operate as a LLP. Read More
6th January 2022
Congratulations to our head of litigation, Eoin Pentony and Edward Murray BL on publishing an article called “Times up for delay” in January’s edition of the Commercial Law Practitioner. What a great start to the year!
December 2021
Is this the end of receiver style injunctions for vacant possession?
We review the judgment from Mr. Justice Allen on a receiver style injunction in Charleton v Hassett [2021] IEHC 746. Read more
November 2021
The High Court reiterates it’s position and proofs required for applications for possession.
We review the decision in Shoreline Residential DAC & Anor v Jacobs [2021] IEHC 654. Read more
October 2021
Introduction of procedural changes to certain High Court default applications from 13th November 2021. Read more
September 2021
Lis pendens and how to get rid of them- we review the recent decision in Kehoe v PAL & Fennell 2018/2341. Read more