Ireland Case Commentaries

Reaffirming the Burden of Proof and Procedural Fairness in Marriages of Convenience: Analysis of S.M.A. v Minister for Justice [2023] IEHC 642

Date: Nov 11, 2023

Reaffirming the Burden of Proof and Procedural Fairness in Marriages of Convenience: Analysis of S.M.A. v Minister for Justice [2023] IEHC 642 Introduction The High Court of Ireland delivered a...

Appointment of Independent Administrator in Probate: The Estate of Bernard Casey

Date: Nov 11, 2023

Appointment of Independent Administrator in Probate: The Estate of Bernard Casey Introduction The case, The Estate Of The Late Bernard Casey, Deceased, Re (Approved) ([2023] IEHC 643), adjudicated by...

Enhanced Discovery Procedures in Search Warrant Cases: Insights from Browne v The Minister for Justice and Equality & Ors [2023] IEHC 618

Date: Nov 11, 2023

Enhanced Discovery Procedures in Search Warrant Cases: Insights from Browne v The Minister for Justice and Equality & Ors [2023] IEHC 618 Introduction In the High Court of Ireland, the case of Browne...

Probationary Periods for Public Servants Limited to Twelve Months: Whelan v Minister for Transport [2023] IEHC 586

Date: Nov 11, 2023

Probationary Periods for Public Servants Limited to Twelve Months: Whelan v Minister for Transport [2023] IEHC 586 Introduction The High Court of Ireland, in the landmark case of Whelan v Minister...

G.L. v HSE: Striking Down Claims for Psychiatric Injury in Personal Injury Litigation

Date: Nov 11, 2023

G.L. v Health Service Executive: Striking Down Claims for Psychiatric Injury in Personal Injury Litigation Introduction The case of G.L. v Health Service Executive (HSE) ([2023] IEHC 623) adjudicated...

Finality in Tax Assessments and the Limits of Summary Judgment: Analysis of Howley v Moorehouse [2023] IEHC 628

Date: Nov 11, 2023

Finality in Tax Assessments and the Limits of Summary Judgment Analysis of Howley v Moorehouse [2023] IEHC 628 Introduction The case of Howley v Moorehouse (Approved) [2023] IEHC 628 addresses...

Establishing the Duty to Mitigate Loss in Workplace Injury Claims: Corless v HSE [2023] IEHC 622

Date: Nov 11, 2023

Establishing the Duty to Mitigate Loss in Workplace Injury Claims: Corless v HSE [2023] IEHC 622 Introduction Corless v Health Service Executive (HSE) ([2023] IEHC 622) is a significant judgment...

High Court Upholds Title Integrity in Relation to Adverse Possession Claims: Atlantis Developments Ltd v Considine & Anor [2023] IEHC 608

Date: Nov 11, 2023

High Court Upholds Title Integrity in Relation to Adverse Possession Claims Introduction The case of Atlantis Developments Ltd (In Receivership) v Considine & Anor (Approved) ([2023] IEHC 608)...

Cost Entitlement in Moot Proceedings: Insights from Nesbitt v Kefron Ltd [2023] IEHC 619

Date: Nov 11, 2023

Cost Entitlement in Moot Proceedings: Insights from Nesbitt v Kefron Ltd [2023] IEHC 619 Introduction The case of Nesbitt v Kefron Ltd (Approved) [2023] IEHC 619 heard by the High Court of Ireland on...

High Court Establishes Fishing Capacity Does Not Constitute 'Specified Intangible Asset' Under TCA 1997

Date: Nov 10, 2023

Fishing Capacity Does Not Qualify as a 'Specified Intangible Asset' Under TCA 1997: Comprehensive Analysis of The Revenue Commissioners v Mullglen Ltd & Anor (Approved) [2023] IEHC 614 Introduction...

Corrib Community Association Ltd v Killola Quarries Ltd: Upholding Environmental Integrity through Interlocutory Injunctions

Date: Nov 10, 2023

Corrib Community Association Ltd v Killola Quarries Ltd: Upholding Environmental Integrity through Interlocutory Injunctions Introduction The case of Corrib Community Association Company Ltd by...

Protracted Recovery and Moderate Injury Assessment in Faughnan v Kearney & Anor ([2023] IEHC 617)

Date: Nov 10, 2023

Protracted Recovery and Moderate Injury Assessment in Faughnan v Kearney & Anor ([2023] IEHC 617) Introduction Faughnan v Kearney & Anor is a significant judgment delivered by the High Court of...

Reaffirming Dependency Assessment Period for EU Residence Card Applications: LE & Anor v The Minister for Justice [2023] IEHC 616

Date: Nov 9, 2023

Reaffirming Dependency Assessment Period for EU Residence Card Applications: LE & Anor v The Minister for Justice [2023] IEHC 616 Introduction In the case of LE & Anor v The Minister for Justice...

High Court Grants Judicial Review in Keenan v Clare County Council: A Landmark Decision for Traveller Community Housing Rights

Date: Nov 9, 2023

High Court Grants Judicial Review in Keenan v Clare County Council: A Landmark Decision for Traveller Community Housing Rights Introduction The case of Keenan v Clare County Council & Ors (Approved)...

High Court Upholds Strict Time Limits for Judicial Review in DPP v Kravtsov [2023] IEHC 615

Date: Nov 9, 2023

High Court Upholds Strict Time Limits for Judicial Review in DPP v Kravtsov [2023] IEHC 615 Introduction The case of Director of Public Prosecutions v Kravtsov ([2023] IEHC 615) before the High Court...

Special Circumstances in Renewing Summons: Analysis of Byrne v Adelaide and Meath Hospital Dublin & Ors [2023] IEHC 609

Date: Nov 8, 2023

Special Circumstances in Renewing Summons: Analysis of Byrne v Adelaide and Meath Hospital Dublin & Ors [2023] IEHC 609 Introduction Byrne v Adelaide and Meath Hospital Dublin & Ors (Approved) [2023]...

Vodo v The Residential Tenancies Board: New Perspectives on Landlord-Tenant Jurisdiction

Date: Nov 8, 2023

Vodo v The Residential Tenancies Board: New Perspectives on Landlord-Tenant Jurisdiction Introduction The case of Vodo v The Residential Tenancies Board (Approved) ([2023] IEHC 605) was adjudicated...

Establishing Land Registry Conclusiveness in Mortgage Possession Proceedings: Start Mortgages Designated Activity Company v Flanagan [2023] IEHC 667

Date: Nov 8, 2023

Establishing Land Registry Conclusiveness in Mortgage Possession Proceedings: Start Mortgages Designated Activity Company v Flanagan [2023] IEHC 667 Introduction The case of Start Mortgages...

Reaffirming Standards for Prohibition of Trials Based on Procedural Delays: J.T. v The Director of Public Prosecutions [2023] IEHC 724

Date: Nov 8, 2023

Reaffirming Standards for Prohibition of Trials Based on Procedural Delays Introduction The case of J.T. v The Director of Public Prosecutions (Approved) [2023] IEHC 724 was adjudicated by the High...

Establishing Res Judicata and the Limits of Frivolous Proceedings: Gawley v Start Mortgages DAC [2023] IEHC 694

Date: Nov 7, 2023

Establishing Res Judicata and the Limits of Frivolous Proceedings: Gawley v Start Mortgages DAC [2023] IEHC 694 Introduction Gawley v Start Mortgages Designated Activity Company (Approved) is a...