Archives

Summary judgment against married couple set aside where they have raised a bona fide defence

By: Decisis
High Court sets aside a summary judgment from the Circuit Court which had ordered a married couple to pay €63,655.87 based on personal guarantees they had signed, on the grounds that there was a fair and reasonable probability of a real or bona fide defense, as the defendants contended that the guarantees were signed based on alleged misrepresentations and were void for lack of consideration; and the matter is remitted for a full hearing before the Circuit Court.

Adoption order approved where birth father cannot be identified

By: Senan Crawford BL
High Court approves the making of an adoption order by the applicant, without consultation with the birth father, on thee grounds that the child's mother was not able to identify the father, and there was no practical method of doing so.

Data protection breach claim requires PIAB authorisation

By: Decisis
High Court upholds Circuit Court decision to dismiss the plaintiff's proceedings, which were initiated due to alleged data protection breaches by the defendant, on the grounds that these claims constituted a "civil action" under applicable personal injuries legislation, necessitating prior authorisation from the Personal Injuries Assessment Board (PIAB), which the plaintiff had not obtained.