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  • Commentaries

Ireland Case Commentaries

Neagoe v Minister for Social Protection: Informal Intrafamily Caregiving and Board-and-Lodging Do Not Confer EU “Worker” Status; Carer’s Allowance is “Social Assistance” Requiring Article 7(1)(b) Compliance

Neagoe v Minister for Social Protection: Informal Intrafamily Caregiving and Board-and-Lodging Do Not Confer EU “Worker” Status; Carer’s Allowance is “Social Assistance” Requiring Article 7(1)(b) Compliance

Date: Aug 23, 2025
Neagoe v Minister for Social Protection: Informal Intrafamily Caregiving and Board-and-Lodging Do Not Confer EU “Worker” Status; Carer’s Allowance is “Social Assistance” Requiring Article 7(1)(b)...
The “Flatley Test”: Determining Ordinary Residence and Sufficient Domestic Assets in Security-for-Costs Motions

The “Flatley Test”: Determining Ordinary Residence and Sufficient Domestic Assets in Security-for-Costs Motions

Date: Aug 22, 2025
The “Flatley Test”: Determining Ordinary Residence and Sufficient Domestic Assets in Security-for-Costs Motions Introduction Flatley v. Austin Newport Group Ltd & Ors ([2025] IEHC 461) is a...
Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases

Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases

Date: Aug 21, 2025
Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases Commentary on Sky UK Ltd v Dunbar (Approved) [2025] IEHC 465 (High Court, Sanfey J., 20...
“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

Date: Aug 19, 2025
“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus Case: Petersen Energia Inversora SAU &...
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

Date: Aug 15, 2025
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction 1. Introduction Burke v...
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Date: Aug 13, 2025
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025]...
“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer
            Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

Date: Aug 12, 2025
“Plain-English Judging” and the Threshold for Enhanced Costs Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors ([2025] IEHC 451) Introduction The High Court (Commercial...
The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28

The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28

Date: Aug 12, 2025
The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28 1. Introduction Madison Retail Ltd v Carlow SRH Ltd & Musgrave Ltd...

      When Does Time Start to Run? High Court Holds RTB Appeals Run from Deemed Delivery, Not Posting, by Applying s.25 Interpretation Act to s.123 RTA 2004

When Does Time Start to Run? High Court Holds RTB Appeals Run from Deemed Delivery, Not Posting, by Applying s.25 Interpretation Act to s.123 RTA 2004

Date: Aug 12, 2025
New Guidance on Appeal Time Limits: “Issued to the Parties” Means Deemed Delivery, Not Posting, for RTB Appeals Introduction In Friedman v Residential Tenancies Board & Ors [2025] IEHC 477, the High...
Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience

Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience

Date: Aug 12, 2025
Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience Introduction This High...
Gaffney v Gaffney – The Conclusiveness-Proportionality Doctrine in Judgment-Mortgage Enforcement

Gaffney v Gaffney – The Conclusiveness-Proportionality Doctrine in Judgment-Mortgage Enforcement

Date: Aug 8, 2025
Gaffney & Anor v Gaffney & Anor – Establishing the “Conclusiveness-Proportionality Doctrine” for Conditional Sale of a Family Home under a Judgment Mortgage 1. Introduction Gaffney & Anor v Gaffney &...
“The Reasonable-Diligence Standard” – High Court Clarifies the Extent of the Minister’s Duty to Provide Special-Needs School Transport

“The Reasonable-Diligence Standard” – High Court Clarifies the Extent of the Minister’s Duty to Provide Special-Needs School Transport

Date: Aug 8, 2025
The Reasonable-Diligence Standard: High Court Clarifies the Minister’s Duty to Provide Special-Needs School Transport Introduction L.C. (A Minor) v Minister for Education and Youth [2025] IEHC 456...
Case‑Management Stays Pending Foreign Proceedings: Irish High Court Sets “Strong Reasons” Threshold Where Policies Select Exclusive Irish Jurisdiction

Case‑Management Stays Pending Foreign Proceedings: Irish High Court Sets “Strong Reasons” Threshold Where Policies Select Exclusive Irish Jurisdiction

Date: Aug 8, 2025
Case‑Management Stays Pending Foreign Proceedings: Irish High Court Sets “Strong Reasons” Threshold Where Policies Select Exclusive Irish Jurisdiction Introduction This commentary examines the...

“Honing the Materiality Test: Holland J clarifies when Irrelevant Political
Considerations Vitiate Zoning Decisions – A Comment on Colbeam Ltd v Dún
Laoghaire-Rathdown CC [2025] IEHC 437”

“Honing the Materiality Test: Holland J clarifies when Irrelevant Political Considerations Vitiate Zoning Decisions – A Comment on Colbeam Ltd v Dún Laoghaire-Rathdown CC [2025] IEHC 437”

Date: Aug 7, 2025
Honing the “Materiality” Test: Holland J Clarifies When Irrelevant Political Remarks Vitiate Zoning Decisions – A Commentary on Colbeam Ltd v Dún Laoghaire-Rathdown County Council ([2025] IEHC 437)...
The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions

The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions

Date: Aug 7, 2025
The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions 1. Introduction Minister for Justice v Hitu ([2025] IEHC 459) is a High Court decision delivered...
Independent Disciplinary Expulsion Moots Status-Based Claims to Reception Accommodation: High Court Clarifies Mootness in International Protection Housing Disputes

Independent Disciplinary Expulsion Moots Status-Based Claims to Reception Accommodation: High Court Clarifies Mootness in International Protection Housing Disputes

Date: Aug 6, 2025
Independent Disciplinary Expulsion Moots Status-Based Claims to Reception Accommodation: High Court Clarifies Mootness in International Protection Housing Disputes Introduction In Dashevsky v...
“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD

“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD

Date: Aug 5, 2025
“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD 1. Introduction In X Internet...
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

Date: Aug 5, 2025
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions 1. Introduction Andejs Ratinskis sought judicial review of a...
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Date: Aug 5, 2025
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives Introduction Kirwan v O’Leary & Ors ([2025]...
Judge v. HSE –  “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Judge v. HSE – “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Date: Aug 5, 2025
“No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible” – Comment on Judge v Health Service Executive ([2025] IEHC 438) 1....
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