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Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias Introduction This...
Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments in SID Consents: Commentary on Rural Residents Wind Aware & Ors v An Coimisiún Pleanála & Ors [2025] IEHC 600...
When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608 Introduction This...
No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage Introduction This ruling of the High Court of Ireland...
No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 Commentary on Minister for Justice v Nistor [2025] IEHC 609 (High Court of Ireland, 5 November...
Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway Commentary on Hadnett v...
Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside Introduction Foley v 360 Degrees Complete Maintenance...
‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591 Introduction This High Court...
Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy Introduction In Arkins & Anor v Labour Court [2025] IEHC 605, the...
Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy...
Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney...
Timeliness Over Administrative Convenience in AIE Appeals: High Court affirms implied power to remit but refers the governing “timeliness” standard to the CJEU Case: People Over Wind v Commissioner...
Affidavit Candour and a Two‑Tranche Approach to Costs in Moot Delay Judicial Reviews: M (A Minor) v Minister for Foreign Affairs [2025] IEHC 581 Introduction This commentary examines the High Court...
Contextual Discovery in Deed Interpretation: Ordering Antecedent and Chain‑of‑Title Materials Despite Parties’ Claims of Unambiguity Introduction In Murray & Anor v Goldstein Property ICAV [2025]...
Accrual by “Real and Meaningfully Measurable Loss” in Solicitor‑Negligence‑for‑Delay and Validity of Firm‑Named Appearances: High Threshold for Strike‑Out under Amended Order 19 Case: Killeen v...
Firm-Signed Appearances Are Valid Under Order 12 RSC; Limitation Defences Rarely Suited to Strike-Out in Solicitor Negligence Introduction This commentary analyzes the High Court of Ireland’s...
“Special circumstances” are now integral to setting aside default judgments under Order 13: Commentary on Hussien v Dunleavy Meats Unlimited Company [2025] IEHC 586 Introduction In Hussien v Dunleavy...
Affidavit Cross‑Examination in Judicial Review Requires a Material, Necessity‑Linked Factual Conflict: CSNA Company Ltd v Minister for Health [2025] IEHC 594 Introduction This High Court judgment...
Article 40.4.2 Does Not Permit Class‑Wide Habeas: Specificity and Case‑Focus Required Case: McGreal v The Minister for Justice, Home Affairs and Migration & Ors [2025] IEHC 597 (High Court of...
Post‑Abatement Stigma Damages in Nuisance: High Court recognises market‑value loss where injunction requires ongoing engagement and verification Introduction This commentary examines the Irish High...