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  • Commentaries

Ireland Case Commentaries

Supreme Court Clarifies Criteria for Plaintiff Substitution in Corporate Litigation

Supreme Court Clarifies Criteria for Plaintiff Substitution in Corporate Litigation

Date: Dec 14, 2022
Supreme Court Clarifies Criteria for Plaintiff Substitution in Corporate Litigation Introduction The case of Eugene McCool v. Honeywell Controls Systems Limited (2022_IESCDET_135) presents a pivotal...
Procedural Fairness in Child Abuse Allegation Assessments: Insights from JPP v TUSLA [2022] IEHC 737

Procedural Fairness in Child Abuse Allegation Assessments: Insights from JPP v TUSLA [2022] IEHC 737

Date: Dec 14, 2022
Procedural Fairness in Child Abuse Allegation Assessments: Insights from JPP v TUSLA [2022] IEHC 737 Introduction The case of JPP v The Child and Family Agency & Ors (Approved) ([2022] IEHC 737)...
Cost Recovery in Bankruptcy Petitions: Insights from Howley v Lohan [2022] IEHC 694

Cost Recovery in Bankruptcy Petitions: Insights from Howley v Lohan [2022] IEHC 694

Date: Dec 13, 2022
Cost Recovery in Bankruptcy Petitions: Insights from Howley v Lohan [2022] IEHC 694 Introduction The High Court of Ireland delivered a pivotal judgment in the case of Howley v Lohan (Approved)...
Reaffirmation of the Conclusiveness of the Property Register under the Registration of Title Act 1964 in Possession Proceedings

Reaffirmation of the Conclusiveness of the Property Register under the Registration of Title Act 1964 in Possession Proceedings

Date: Dec 13, 2022
Reaffirmation of the Conclusiveness of the Property Register under the Registration of Title Act 1964 in Possession Proceedings Introduction The case of Phoenix Construction Consulting Ltd v Persons...
High Court Reinforces Supremacy of s.261A Environmental Obligations Over Prior s.261 Quarry Registrations

High Court Reinforces Supremacy of s.261A Environmental Obligations Over Prior s.261 Quarry Registrations

Date: Dec 13, 2022
High Court Reinforces Supremacy of s.261A Environmental Obligations Over Prior s.261 Quarry Registrations Introduction The case of Maguire T/A Frank Pratt & Sons & Ors v Meath County Council & Ors;...
Refining Judicial Review: High Court Sets New Precedents in Leave Procedures - Reid v An Bord Pleanala & Ors (Approved) ([2022] IEHC 687)

Refining Judicial Review: High Court Sets New Precedents in Leave Procedures - Reid v An Bord Pleanala & Ors (Approved) ([2022] IEHC 687)

Date: Dec 10, 2022
Refining Judicial Review: High Court Sets New Precedents in Leave Procedures Introduction The case of Reid v An Bord Pleanála & Ors (Approved) ([2022] IEHC 687) presents a meticulously detailed...
High Court Establishes Disqualification Framework for Directors Breaching Restriction Declarations Under the Companies Act 2014: Kirby v Carroll (Approved)

High Court Establishes Disqualification Framework for Directors Breaching Restriction Declarations Under the Companies Act 2014: Kirby v Carroll (Approved)

Date: Dec 10, 2022
High Court Establishes Disqualification Framework for Directors Breaching Restriction Declarations Under the Companies Act 2014: Kirby v Carroll (Approved) Introduction In the landmark case of Kirby...
High Court of Ireland Refuses to Strike Out Skyscanner's Counterclaim in Ryanair v Skyscanner: Implications for Screen Scraping Litigation and Competition Law Defenses

High Court of Ireland Refuses to Strike Out Skyscanner's Counterclaim in Ryanair v Skyscanner: Implications for Screen Scraping Litigation and Competition Law Defenses

Date: Dec 10, 2022
High Court of Ireland Refuses to Strike Out Skyscanner's Counterclaim in Ryanair v Skyscanner: Implications for Screen Scraping Litigation and Competition Law Defenses Introduction The case of...
Finality and Hierarchical Consistency in Planning Decisions: Insights from Killegland Estates Ltd v Meath County Council (No. 2)

Finality and Hierarchical Consistency in Planning Decisions: Insights from Killegland Estates Ltd v Meath County Council (No. 2)

Date: Dec 10, 2022
Finality and Hierarchical Consistency in Planning Decisions: Insights from Killegland Estates Ltd v Meath County Council (No. 2) Introduction The case of Killegland Estates Ltd v Meath County...
Letters of Demand in Receivership: Overstatement Does Not Invalidate Interlocutory Relief - O'Dwyer v Grogan [2022] IEHC 697

Letters of Demand in Receivership: Overstatement Does Not Invalidate Interlocutory Relief - O'Dwyer v Grogan [2022] IEHC 697

Date: Dec 9, 2022
Letters of Demand in Receivership: Overstatement Does Not Invalidate Interlocutory Relief Introduction In the High Court of Ireland case O'Dwyer v Grogan & Anor (Approved) ([2022] IEHC 697), the...
High Court Clarifies Creditor-Initiated Extensions under s.85A of Bankruptcy Act 1988 in Hintz v Hintz [2022] IEHC 681

High Court Clarifies Creditor-Initiated Extensions under s.85A of Bankruptcy Act 1988 in Hintz v Hintz [2022] IEHC 681

Date: Dec 8, 2022
High Court Clarifies Creditor-Initiated Extensions under s.85A of Bankruptcy Act 1988 in Hintz v Hintz [2022] IEHC 681 Introduction The case of Hintz v Hintz ([2022] IEHC 681) adjudicated by the High...
Application of Personal Injury Guidelines in Valuing Multiple Injuries: McDonnell v Upton Food Ltd [2022] IEHC 680

Application of Personal Injury Guidelines in Valuing Multiple Injuries: McDonnell v Upton Food Ltd [2022] IEHC 680

Date: Dec 7, 2022
Application of Personal Injury Guidelines in Valuing Multiple Injuries: McDonnell v Upton Food Ltd [2022] IEHC 680 Introduction McDonnell v Upton Food Ltd ([2022] IEHC 680) is a significant case...
Striking Out Proceedings in McCann v McManus: Critical Examination of Fiduciary Obligations and Court Jurisdiction

Striking Out Proceedings in McCann v McManus: Critical Examination of Fiduciary Obligations and Court Jurisdiction

Date: Dec 7, 2022
Striking Out Proceedings in McCann v McManus: Critical Examination of Fiduciary Obligations and Court Jurisdiction Introduction In the case of McCann & Anor v McManus & Ors (Approved) ([2022] IEHC...
Clarifying the Limits of Power of Sale and Constructive Notice in Farrell v Everyday Finance [2022] IEHC 698

Clarifying the Limits of Power of Sale and Constructive Notice in Farrell v Everyday Finance [2022] IEHC 698

Date: Dec 6, 2022
Clarifying the Limits of Power of Sale and Constructive Notice in Farrell v Everyday Finance Designated Activity Company [2022] IEHC 698 Introduction Farrell v Everyday Finance Designated Activity...
High Court Sets New Precedent on Norwich Pharmacal Orders in Social Media Defamation

High Court Sets New Precedent on Norwich Pharmacal Orders in Social Media Defamation

Date: Dec 6, 2022
High Court Sets New Precedent on Norwich Pharmacal Orders in Social Media Defamation Introduction The High Court of Ireland delivered a landmark judgment on December 5, 2022, in the cases of Moore v...
Establishing Procedural Clarity in Remediation Orders: Insights from Brownfield Restoration Ireland Ltd v Wicklow County Council

Establishing Procedural Clarity in Remediation Orders: Insights from Brownfield Restoration Ireland Ltd v Wicklow County Council

Date: Dec 3, 2022
Establishing Procedural Clarity in Remediation Orders: Insights from Brownfield Restoration Ireland Ltd v Wicklow County Council ([2022] IEHC 662) Introduction The case of Brownfield Restoration...
Affirming Vindicatory Damages: Irish Supreme Court Rejects Lumba Principle in False Imprisonment Cases

Affirming Vindicatory Damages: Irish Supreme Court Rejects Lumba Principle in False Imprisonment Cases

Date: Dec 3, 2022
Affirming Vindicatory Damages: Irish Supreme Court Rejects Lumba Principle in False Imprisonment Cases Introduction The case of G.E. v Commissioner of An Garda Síochána & Ors ([2022] IESC 51)...
A.Z. & Ors v The Minister for Justice: Establishing Precedents on Cost Allocation and Article 42A in Irish Deportation Law

A.Z. & Ors v The Minister for Justice: Establishing Precedents on Cost Allocation and Article 42A in Irish Deportation Law

Date: Dec 3, 2022
A.Z. & Ors v The Minister for Justice: Establishing Precedents on Cost Allocation and Article 42A in Irish Deportation Law Introduction A.Z. & Ors v The Minister for Justice (Approved) ([2022] IEHC...
Dismissal of Constitutional Challenge Under the Primor Principles in Darcy v Attorney General & Anor [2022] IEHC 673

Dismissal of Constitutional Challenge Under the Primor Principles in Darcy v Attorney General & Anor [2022] IEHC 673

Date: Dec 3, 2022
Dismissal of Constitutional Challenge Under the Primor Principles in Darcy v Attorney General & Anor [2022] IEHC 673 Introduction In the High Court of Ireland case Darcy v Attorney General & Anor...
Consent Orders for Apportioning Liability in Personal Injury Cases under s.343R(2) of the Social Welfare Act

Consent Orders for Apportioning Liability in Personal Injury Cases under s.343R(2) of the Social Welfare Act

Date: Dec 3, 2022
Consent Orders for Apportioning Liability in Personal Injury Cases under s.343R(2) of the Social Welfare Act Introduction The case of Jarmula v DSV Solutions Ltd (Approved) [2022] IEHC 674 was heard...
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