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  • Commentaries

Ireland Case Commentaries

Electronic Peaceable Re‑Entry and the “Free Ride” Bar to Mandatory Injunctions: Commentary on Perfect Stripe Ltd t/a Grafter v Fennell & Ors [2025] IEHC 585

Electronic Peaceable Re‑Entry and the “Free Ride” Bar to Mandatory Injunctions: Commentary on Perfect Stripe Ltd t/a Grafter v Fennell & Ors [2025] IEHC 585

Date: Nov 5, 2025
Electronic Peaceable Re‑Entry and the “Free Ride” Bar to Mandatory Injunctions: New Guidance from Perfect Stripe Ltd t/a Grafter v Fennell & Ors [2025] IEHC 585 Court: High Court (Commercial Court),...
No amendment prejudice where statute bar was inevitable: High Court permits late PIAB authorisation and limitation defences (O’Flaherty v Comyns & Ors [2025] IEHC 590)

No amendment prejudice where statute bar was inevitable: High Court permits late PIAB authorisation and limitation defences (O’Flaherty v Comyns & Ors [2025] IEHC 590)

Date: Nov 5, 2025
No amendment prejudice where statute bar was inevitable: High Court permits late PIAB authorisation and limitation defences Case: O’ Flaherty v Comyns & Ors [2025] IEHC 590 (High Court, Stack J., 31...
A cautious strike‑out standard in cross‑undertaking damages inquiries: Beneficial ownership and agent illegality are potentially relevant (Nolan & Ors v Dildar Ltd & Ors [2025] IEHC 575)

A cautious strike‑out standard in cross‑undertaking damages inquiries: Beneficial ownership and agent illegality are potentially relevant (Nolan & Ors v Dildar Ltd & Ors [2025] IEHC 575)

Date: Nov 5, 2025
A cautious strike‑out standard in cross‑undertaking damages inquiries: Beneficial ownership and agent illegality are potentially relevant (Nolan & Ors v Dildar Ltd & Ors [2025] IEHC 575) Introduction...
Passage of Time as a Standalone Ground for Dismissal: High Court applies Kirwan’s five‑year inactivity rule and clarifies what counts as a “step in the proceedings”

Passage of Time as a Standalone Ground for Dismissal: High Court applies Kirwan’s five‑year inactivity rule and clarifies what counts as a “step in the proceedings”

Date: Nov 5, 2025
Passage of Time as a Standalone Ground for Dismissal: High Court applies Kirwan’s five‑year inactivity rule and clarifies what counts as a “step in the proceedings” Introduction This commentary...
“All Just Claims” Means What It Says: High Court Clarifies Receivers’ Duties Under Equitable Execution to Account for Third‑Party Proprietary Interests

“All Just Claims” Means What It Says: High Court Clarifies Receivers’ Duties Under Equitable Execution to Account for Third‑Party Proprietary Interests

Date: Nov 5, 2025
“All Just Claims” Means What It Says: High Court Clarifies Receivers’ Duties Under Equitable Execution to Account for Third‑Party Proprietary Interests Introduction In Massey & Ors v Kennedy & Ors...
Unpleaded Climate Points Cannot Be Certified; EIA Does Not Require State‑Wide Cumulative Traffic GHG Assessment — Commentary on Friends of Killymooney Lough v An Coimisiún Pleanála (No. 2) [2025] IEHC 576

Unpleaded Climate Points Cannot Be Certified; EIA Does Not Require State‑Wide Cumulative Traffic GHG Assessment — Commentary on Friends of Killymooney Lough v An Coimisiún Pleanála (No. 2) [2025] IEHC 576

Date: Nov 4, 2025
Unpleaded Climate Points Cannot Be Certified; EIA Does Not Require State‑Wide Cumulative Traffic GHG Assessment — Commentary on Friends of Killymooney Lough v An Coimisiún Pleanála (No. 2) [2025]...
Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale: Donlon & Anor v Promontoria (Aran) Ltd [2025] IEHC 568

Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale: Donlon & Anor v Promontoria (Aran) Ltd [2025] IEHC 568

Date: Nov 4, 2025
Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale Commentary on Donlon & Anor v Promontoria (Aran) Ltd & Ors [2025] IEHC 568 (High Court,...
“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (Supreme Court, 30 Oct 2025)

“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (Supreme Court, 30 Oct 2025)

Date: Nov 4, 2025
“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (30 October 2025)...
Smith v DPP [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access

Smith v DPP [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access

Date: Nov 4, 2025
Smith v The Director of Public Prosecutions [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access...

      Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise: Lunney v Canny [2025] IEHC 592

Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise: Lunney v Canny [2025] IEHC 592

Date: Nov 1, 2025
Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise Introduction In Lunney & Anor v Canny & Anor...
R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default

R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default

Date: Oct 31, 2025
R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default Case: R v L (Approved)...
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

Date: Oct 30, 2025
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561 Court: High Court of...
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Date: Oct 30, 2025
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation...
Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Date: Oct 29, 2025
Abuse of Process Precludes Public‑Interest Costs Relief: Browne v The Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553 Introduction This High Court costs judgment, delivered by...
Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Date: Oct 29, 2025
Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary Introduction In Allied Irish Banks plc v The Dragon’s Head Ltd...
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Date: Oct 25, 2025
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker Case: Y.A.M v International Protection Appeals Tribunal & Ors [2025] IEHC 596...
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Date: Oct 25, 2025
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception Case Note on F.A.A. v Minister for Justice [2025] IEHC 614 (High Court of Ireland, 24...
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Date: Oct 24, 2025
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v International Protection Appeals Tribunal & Minister...
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Date: Oct 24, 2025
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision Introduction This...
New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU

New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU

Date: Oct 23, 2025
New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU Introduction This commentary examines the High Court of Ireland’s decision...
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