Terry What happens if a judgment mortgage is granted against one owner of a property held as a joint tenancy. How is the other owner affected, if at all? The High Court looked at this question in the case of ADM Mersey PLC v Bergin and Another [2020] IEHC 3, a decision handed down in January, … Read more
Mediation agreements are negotiated agreements between the parties in dispute. They are in common use when it comes to separating couples when the relationship has broken down and the parties seek to do the sensible thing and negotiate certain terms to cover matters such as property, maintenance, custody, access, and so forth. Mediators guide the … Read more
An indemnity is a contractual term which promises to reimburse another party in respect of a loss or damage. The only party indemnified is the one that is identified as the beneficiary of the indemnity. If the benefit of that indemnity is to be transferred to another party it must be done formally-for example with … Read more
There has been a vigorous debate in Ireland over the last 12 months or so about insurance, the cost of insurance, personal injury claims, bogus claims, excessive awards from the Courts, small businesses struggling to afford rising insurance premiums, and so on. The Courts appear to be showing a greater enthusiasm to scrutinise personal injury … Read more
A Supreme Court decision of November 2019 provides some hope for anyone facing a summary summons action against them to have a debt judgment awarded. The case is Bank of Ireland Mortgage Bank and Joseph O’Malley and involved a vitally important decision of the Supreme Court as to the level of detail the lender must … Read more