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  • Commentaries

Ireland Case Commentaries

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening

Date: May 20, 2025
Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening Introduction The High Court’s decision in Concerned Residents of Coolkill, Sandyford...
Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention

Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention

Date: May 17, 2025
Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention Introduction J.G. v M.P. ([2025] IEHC 282) is a High Court family law decision addressing a return-of-child...
“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation

“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation

Date: May 17, 2025
“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation Introduction The decision of Ms Justice Nuala Jackson in CP v RP ([2025] IEHC 332) will...
Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges

Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges

Date: May 17, 2025
Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges Introduction Ballyboden Tidy Towns Group v An Bord Pleanála & Ors [No. 2] [2025] IEHC 277 is a High...
Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality

Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality

Date: May 17, 2025
Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality Introduction In Mars Capital Finance Ireland DAC v O’Halloran & Anor [2025] IEHC 307, the High Court...
Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined

Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined

Date: May 17, 2025
Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined Introduction This commentary examines the High Court’s decision in...
Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005

Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005

Date: May 16, 2025
Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005 Introduction C.D. (a minor) sued the Health Service Executive (HSE) and the Minister for Education in the High Court...
Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Date: May 16, 2025
Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284) Introduction The High Court of Ireland’s decision in Logan v Wilson & Anor ([2025] IEHC...
Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Date: May 16, 2025
Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005 Introduction Mulligan...
DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

Date: May 16, 2025
DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards Introduction DF v CK ([2025] IEHC 343) is a landmark decision of the High Court of...
Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Date: May 16, 2025
Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications Introduction SK Fishing Limited v Companies Act (Approved) [2025] IEHC 235 is a High Court decision...
Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Date: May 15, 2025
Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe Introduction The High Court judgment in Martin v O’Keeffe & Anor ([2025] IEHC 272) addresses the...
Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Date: May 15, 2025
Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd Introduction This commentary examines the High Court of Ireland’s decision in Duffy v MSCL...
“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines

“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines

Date: May 15, 2025
“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines 1. Introduction Case: Somers v Commission­er of An Garda Síochána & Ors [2025]...
Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors

Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors

Date: May 15, 2025
Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors Introduction Harrington v SRF Ltd & Ors [2025] IEHC 252 concerned John Harrington’s attempt to vacate or nullify a default...
Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses

Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses

Date: May 14, 2025
Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses Introduction This commentary examines the landmark Supreme Court...
Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges

Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges

Date: May 14, 2025
Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges Introduction H.S. v. Minister for Justice ([2025] IEHC 271) is a High Court Judicial Review...
Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications

Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications

Date: May 14, 2025
Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications Introduction The High Court of Ireland’s decision in Tanager DAC & Anor v Doyle & Anor ([2025] IEHC 275)...
Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed

Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed

Date: May 14, 2025
Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed 1. Introduction This landmark decision arises...
Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Date: May 14, 2025
Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction Introduction Tweedswood Ltd & anor v Power (Approved) [2025] IESC 18 is a Supreme Court of...
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