Ireland Case Commentaries

Duty of Candour in Planning Judicial Review: No Compelled Affidavits of Commissioners’ Thought Processes Where the Statutory Record and Pleadings Put “Cards Face Up”

Date: Jun 11, 2026

Duty of Candour in Planning Judicial Review: No Compelled Affidavits of Commissioners’ Thought Processes Where the Statutory Record and Pleadings Put “Cards Face Up” Case: Busher and Ors v An...

Interlocutory Injunctions After Mortgage Possession: Proof of Lawful Execution and Non-Party Occupiers’ Rights

Date: Jun 10, 2026

Interlocutory Injunctions After Mortgage Possession: Proof of Lawful Execution and Non-Party Occupiers’ Rights Case: Everyday Finance Designated Activity Company v Kirk (Approved) [2026] IEHC 349...

Delay and Adequate Damages Defeat Mandatory Interlocutory Relief Despite a Strong Contractual Case

Date: Jun 10, 2026

Delay and Adequate Damages Defeat Mandatory Interlocutory Relief Despite a Strong Contractual Case 1) Introduction In Tucker v Curry (Approved) [2026] IEHC 346, the High Court (Dignam J) determined...

Litigation Restriction Orders: Leave Refused Where Proposed Proceedings Are Vague and Re-litigate Settled Grievances

Date: Jun 10, 2026

Litigation Restriction Orders: Leave Refused Where Proposed Proceedings Are Vague and Re-litigate Settled Grievances Case: Shannon v Shannon and Ors (Approved) Citation: [2026] IEHC 357 Court: High...

Unexplained Significant Delay Can Defeat Security for Costs (and May Remove the Need to Prove Prejudice)

Date: Jun 10, 2026

Unexplained Significant Delay Can Defeat Security for Costs (and May Remove the Need to Prove Prejudice) Case: Sweeney & Anor v The Voluntary Health Insurance Board (Supreme Court, Donnelly J., 9...

Credibility, Consistency, and Preservation of Evidence in Road-Traffic Personal Injury Claims

Date: Jun 9, 2026

Credibility, Consistency, and Preservation of Evidence in Road-Traffic Personal Injury Claims 1) Introduction In Kane v Hearns (Approved) [2026] IEHC 354 (High Court, Stewart J, 5 June 2026), the...

Wholesale Replacement Is Not “Maintenance”: Robust s.160 Remediation Where s.4(1)(h) Is Misused

Date: Jun 9, 2026

Wholesale Replacement Is Not “Maintenance”: Robust s.160 Remediation Where s.4(1)(h) Is Misused Case: South Dublin County Council v Threshford Ltd and Ors, O'Neill v. Branach Developments Ltd and...

AA Screening Must Match the Project Screened; EIA Inapplicable to Pure Use Permissions; Limits on “Agreement with Planning Authority” Conditions

Date: Jun 9, 2026

AA Screening Must Match the Project Screened; EIA Inapplicable to Pure Use Permissions; Limits on “Agreement with Planning Authority” Conditions Case: Hession v An Coimisiun Pleanala and Ors...

Activation Sanctions Require Strict Compliance with Statutory Notice Preconditions under ss 141A–141B Social Welfare Consolidation Act 2005

Date: Jun 9, 2026

Activation Sanctions Require Strict Compliance with Statutory Notice Preconditions under ss 141A–141B Social Welfare Consolidation Act 2005 Case: Fitzgerald v Minister For Social Protection and Anor...

European Arrest Warrant: Capacity in Surrender Proceedings and Article 3 Mental-Health Assurances

Date: Jun 9, 2026

European Arrest Warrant: Capacity in Surrender Proceedings and Article 3 Mental-Health Assurances 1) Introduction In Minister for Justice v Kraska (Approved) [2026] IEHC 401, the High Court (McGrath...

District Court Cannot Strike Out Charges Simpliciter After a Guilty Plea Under s.13 Criminal Procedure Act 1967

Date: Jun 6, 2026

District Court Cannot Strike Out Charges Simpliciter After a Guilty Plea Under s.13 Criminal Procedure Act 1967 1. Introduction The Director Of Public Prosecutions v J.P. (Approved) [2026] IEHC 350...

Article 46 GDPR Requires Demonstrable Transfer Compliance: Inadequate DTAs Can Ground Infringement Without a Supervisory Authority Re‑trying Third‑Country Law

Date: Jun 4, 2026

Article 46 GDPR Requires Demonstrable Transfer Compliance: Inadequate DTAs Can Ground Infringement Without a Supervisory Authority Re‑trying Third‑Country Law 1. Introduction In Tiktok Technology Ltd...

Solar Farms, Access Tracks and EIA: “Private Road” Arguments Rejected; Judicial Review Confined to Pleaded, Process-Engaged Points

Date: May 30, 2026

Solar Farms, Access Tracks and EIA: “Private Road” Arguments Rejected; Judicial Review Confined to Pleaded, Process-Engaged Points 1. Introduction Breen and Ors v An Coimisiun Pleanala and Anor...

Leave to Appeal Refused Where Section 15 Climate Challenges Reconfigure Pleadings After Coolglass and Mischaracterise the Judgment

Date: May 30, 2026

Leave to Appeal Refused Where Section 15 Climate Challenges Reconfigure Pleadings After Coolglass and Mischaracterise the Judgment Case: Doyle and Ors v An Coimisiun Pleanala and Ors [No. 4]...

Planning Judicial Review of Renewable-Energy Permissions: Cumulative Thresholds for Relief, Strict Pleading/Proof, and Limits on Collateral Attacks on Policy Instruments

Date: May 30, 2026

Planning Judicial Review of Renewable-Energy Permissions: Cumulative Thresholds for Relief, Strict Pleading/Proof, and Limits on Collateral Attacks on Policy Instruments Case: Keogh and Ors v An...

Foreign Births Register Requirement for Children of Foreign-Born Irish Citizens (Including Naturalised Citizens) Upheld as Constitutional

Date: May 29, 2026

Foreign Births Register Requirement for Children of Foreign-Born Irish Citizens (Including Naturalised Citizens) Upheld as Constitutional Case: S.N. [A Minor] and Anor v The Minister For Foreign...

Generic, Statute-Only “Assurances” Do Not Rebut an Article 3 Prison-Conditions Risk Under s.37 of the European Arrest Warrant Act 2003

Date: May 28, 2026

Generic, Statute-Only “Assurances” Do Not Rebut an Article 3 Prison-Conditions Risk Under s.37 of the European Arrest Warrant Act 2003 Introduction In [2026] IEHC 321 (High Court, Gillane J.,...

Mandatory “Proposed Duration” in Garda Suspension Notices and Continuity of the Commissioner’s Section 51 Process

Date: May 28, 2026

Mandatory “Proposed Duration” in Garda Suspension Notices and Continuity of the Commissioner’s Section 51 Process Case: Hegarty v Commissioner Of An Garda Siochana (Approved) [2026] IEHC 332 Court:...

Judicial Review of Minor Planning Amendments: No Collateral Challenge to an Unchallenged Parent Permission and s.34(12) Confined to Retention Applications

Date: May 28, 2026

Judicial Review of Minor Planning Amendments: No Collateral Challenge to an Unchallenged Parent Permission and s.34(12) Confined to Retention Applications 1) Introduction In Duffy v An Coimisiun...

Section 173 Companies Act 2014: Rectification Is a Summary Remedy Requiring an Immediate Legal Right to Registration, Not a Disputed Equitable Claim

Date: May 28, 2026

Section 173 Companies Act 2014: Rectification Is a Summary Remedy Requiring an Immediate Legal Right to Registration, Not a Disputed Equitable Claim 1) Introduction In Donna Ledwidge Holdings Ltd v...