Ireland Case Commentaries

Burke v The Director Of The Decision Support Service [Mental Health Commission] [2026] IEHC 373 — Mootness and Prospective-Only Removal Powers under s.76 ADMC Act 2015

Date: Jun 13, 2026

Mootness in EPA Complaint Litigation: Appeals Supersede Earlier Decisions and s.76 ADMC Act 2015 Only Permits Prospective Removal of Attorneys 1) Introduction In Burke v The Director Of The Decision...

IPAT Credibility and Reasons: “Patent Rationale” Suffices Without Item-by-Item COI Treatment

Date: Jun 13, 2026

IPAT Credibility and Reasons: “Patent Rationale” Suffices Without Item-by-Item COI Treatment 1) Introduction In GT v International Protection Appeals Tribunal & Anor (Approved) [2026] IEHC 426, the...

De Novo Circuit Court Appeals Cure Earlier Procedural Defects; Protective Costs Orders Outside Environmental Law Remain Exceptional

Date: Jun 13, 2026

De Novo Circuit Court Appeals Cure Earlier Procedural Defects; Protective Costs Orders Outside Environmental Law Remain Exceptional 1) Introduction In Webster v The Director of Public Prosecutions...

Joinder of the Minister for Health as Notice Party Where Judicial Review Directly Impugns Sláintecare “Public-Only” Surgical Hub Policy

Date: Jun 13, 2026

Joinder of the Minister for Health as Notice Party Where Judicial Review Directly Impugns Sláintecare “Public-Only” Surgical Hub Policy 1) Introduction This High Court judgment (Manning v The Health...

Valuation appeals include the unit of valuation: the Tribunal may review and reverse a s.17(2)(b) “split”

Date: Jun 13, 2026

Valuation appeals include the unit of valuation: the Tribunal may review and reverse a s.17(2)(b) “split” Introduction This High Court judgment ([2026] IEHC 375, Ms. Justice Siobhán Phelan, 12 June...

No Judicial Review Remedy to Enforce Consistency Between Separate Circuit/District Court Cases Involving Different Parties

Date: Jun 13, 2026

No Judicial Review Remedy to Enforce Consistency Between Separate Circuit/District Court Cases Involving Different Parties 1. Introduction In Polyakova v A Judge Of The Circuit Court (Midland...

Article 30 Hague Convention Does Not Displace Mediation/Without Prejudice Privilege in Return Proceedings

Date: Jun 13, 2026

Article 30 Hague Convention Does Not Displace Mediation/Without Prejudice Privilege in Return Proceedings Case: A.B.C.D v E.F (Child Abduction; Mediation, Privilege) (Approved) [2026] IEHC 394 Court:...

Defamation Meaning and the “Reasonable Reader”: Non‑Defamatory “Lawyer Did His Job” Meanings Cannot Ground a Truth Plea

Date: Jun 12, 2026

Defamation Meaning and the “Reasonable Reader”: Non‑Defamatory “Lawyer Did His Job” Meanings Cannot Ground a Truth Plea 1) Introduction Tweed v Georgetown University (trading as Georgetown University...

Dishonesty, Client-Account Deficits and Repeat Regulatory Breaches: Strike-Off as the Presumptive Outcome and Composite Sanctioning Under the 2015 Act

Date: Jun 12, 2026

Dishonesty, Client-Account Deficits and Repeat Regulatory Breaches: Strike-Off as the Presumptive Outcome and Composite Sanctioning Under the 2015 Act Case: Law Society of Ireland v McSweeney...

Article 15 Reception Conditions Directive: Labour Market Access Arises Only from Undue First-Instance Delay, Not Appeal Delay

Date: Jun 12, 2026

Article 15 Reception Conditions Directive: Labour Market Access Arises Only from Undue First-Instance Delay, Not Appeal Delay Case: B v The Internal Protection Appeals Tribunal and Ors [2026] IEHC...

Sequential Seizure of Cash: s.7 Criminal Justice Act 2006 and Later s.38 Criminal Justice Act 1994 Are Cumulative Powers (Not a Single Time-Accruing Detention)

Date: Jun 12, 2026

Sequential Seizure of Cash: s.7 Criminal Justice Act 2006 and Later s.38 Criminal Justice Act 1994 Are Cumulative Powers (Not a Single Time-Accruing Detention) 1) Introduction This High Court...

Strike-off as the near-invariable sanction for solicitor dishonesty under the Legal Services Regulation Act 2015

Date: Jun 12, 2026

Strike-off as the near-invariable sanction for solicitor dishonesty under the Legal Services Regulation Act 2015 1. Introduction In The Law Society Of Ireland v O'Brien (Approved) [2026] IEHC 380,...

Fair Procedures in Deportation Decisions: Notice Required Before Departing from Recent Zambrano Findings on Family Relationships

Date: Jun 12, 2026

Fair Procedures in Deportation Decisions: Notice Required Before Departing from Recent Zambrano Findings on Family Relationships Case: MAS and Ors v The Minister For Justice (Approved) Neutral...

Statutory Road-Traffic Alcohol Certificates: No Freestanding Chain-of-Custody Proof Requirement; Gaps Go to Weight Unless the Contrary Is Shown

Date: Jun 12, 2026

Statutory Road-Traffic Alcohol Certificates: No Freestanding Chain-of-Custody Proof Requirement; Gaps Go to Weight Unless the Contrary Is Shown 1. Introduction Director of Public Prosecutions v...

State Protection Must Be Assessed Through the Applicant’s Particular Risk Profile (Including Politically Powerful Non-State Persecutors)

Date: Jun 12, 2026

State Protection Must Be Assessed Through the Applicant’s Particular Risk Profile (Including Politically Powerful Non-State Persecutors) 1) Introduction I.U. v The Internal Protection Appeals...

Regulation 39 Summary Dismissal: A Criminal Conviction and Known Facts Can Satisfy Fair Procedures Without Disclosure of Underlying Witness Material

Date: Jun 12, 2026

Regulation 39 Summary Dismissal: A Criminal Conviction and Known Facts Can Satisfy Fair Procedures Without Disclosure of Underlying Witness Material Case: English v Commissioner Of An Garda Siochana...

Strike-off for Unauthorised Client-Account Fee Deductions and Systemic AML Non-Compliance (High Court confirmation under the 2015 Act)

Date: Jun 12, 2026

Strike-off for Unauthorised Client-Account Fee Deductions and Systemic AML Non-Compliance (High Court confirmation under the 2015 Act) 1. Introduction In The Law Society Of Ireland v Kearns...

Contemporaneous Reasons Required in Brexit-Derived Residence Revocations: New Rationales Cannot Be Supplied in Litigation, and Futility Is Narrow

Date: Jun 11, 2026

Contemporaneous Reasons Required in Brexit-Derived Residence Revocations: New Rationales Cannot Be Supplied in Litigation, and Futility Is Narrow 1) Introduction In Tahir and Anor v Minister For...

Receivers by Equitable Execution May Seek “Momentous Decision” Court Approval on a Public Trustee v Cooper–Type Standard

Date: Jun 11, 2026

Receivers by Equitable Execution May Seek “Momentous Decision” Court Approval on a Public Trustee v Cooper–Type Standard Case: AIB Mortgage Bank and Anor v Burke and Ors (Approved) [2026] IEHC 370...

Section 62(7) Possession: Registered Charge Is Conclusive, but Legal Title to the Loan Must Be Proved with a Coherent, Properly Disclosed Chain

Date: Jun 11, 2026

Section 62(7) Possession: Registered Charge Is Conclusive, but Legal Title to the Loan Must Be Proved with a Coherent, Properly Disclosed Chain Promontoria Scariff Designated Activity Company v...