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  • Commentaries

Ireland Case Commentaries

High Court Integrates Assisted Decision-Making (Capacity) Act 2015 Framework in Capacity Assessment under Lunacy Regulation Act 1871: A New Judicial Approach

High Court Integrates Assisted Decision-Making (Capacity) Act 2015 Framework in Capacity Assessment under Lunacy Regulation Act 1871: A New Judicial Approach

Date: Aug 25, 2022
High Court Integrates Assisted Decision-Making (Capacity) Act 2015 Framework in Capacity Assessment under Lunacy Regulation Act 1871: A New Judicial Approach Introduction The High Court of Ireland...
Establishing Well Charging Orders in Personal Loan Agreements: Insights from Allied Irish Bank plc v Greene ([2022] IEHC 493)

Establishing Well Charging Orders in Personal Loan Agreements: Insights from Allied Irish Bank plc v Greene ([2022] IEHC 493)

Date: Aug 20, 2022
Establishing Well Charging Orders in Personal Loan Agreements: Insights from Allied Irish Bank plc v Greene ([2022] IEHC 493) Introduction The case of Allied Irish Bank plc v Greene (Approved)...
Dublin 8 Residents Association v An Bord Pleanála: Establishing Legal Capacity for Unincorporated NGOs

Dublin 8 Residents Association v An Bord Pleanála: Establishing Legal Capacity for Unincorporated NGOs

Date: Aug 17, 2022
Dublin 8 Residents Association v An Bord Pleanála: Establishing Legal Capacity for Unincorporated NGOs 1. Introduction The case of Dublin 8 Residents Association v An Bord Pleanála & Ors (No. 3)...
Cork County Council v Minister for Housing: Redefining Cost Awards in Partially Successful Civil Proceedings

Cork County Council v Minister for Housing: Redefining Cost Awards in Partially Successful Civil Proceedings

Date: Aug 16, 2022
Redefining Cost Awards in Partially Successful Civil Proceedings: Insights from Cork County Council v Minister for Housing, Local Government and Heritage [2022] IEHC 473 Introduction Cork County...
High Court Establishes Mandatory Publication Obligations for An Bord Pleanála under the Roads Act 1993

High Court Establishes Mandatory Publication Obligations for An Bord Pleanála under the Roads Act 1993

Date: Aug 16, 2022
High Court Establishes Mandatory Publication Obligations for An Bord Pleanála under the Roads Act 1993 Introduction In the case of Clifford & Anor v An Bord Pleanála & Ors; O Connor & Ors v. An Bord...
Reference to the CJEU in Judicial Review Proceedings: Insights from Dublin 8 Residents Association v An Bord Pleanála & Ors (2022) IEHC 467

Reference to the CJEU in Judicial Review Proceedings: Insights from Dublin 8 Residents Association v An Bord Pleanála & Ors (2022) IEHC 467

Date: Aug 13, 2022
Reference to the CJEU in Judicial Review Proceedings: Insights from Dublin 8 Residents Association v An Bord Pleanála & Ors ([2022] IEHC 467) Introduction Dublin 8 Residents Association v An Bord...
Striking Out Without Prejudice Material: Insights from QRD Development Company No.3 DAC [2022] IEHC 498

Striking Out Without Prejudice Material: Insights from QRD Development Company No.3 DAC [2022] IEHC 498

Date: Aug 13, 2022
Striking Out Without Prejudice Material: Insights from QRD Development Company No.3 DAC [2022] IEHC 498 Introduction In the case of QRD Development Company No.3 Designated Activity Company (Approved)...
Refusal of Leave to Appeal in L.F. v. S.C.: Upholding Established Jurisprudence on Child Abduction

Refusal of Leave to Appeal in L.F. v. S.C.: Upholding Established Jurisprudence on Child Abduction

Date: Aug 13, 2022
Refusal of Leave to Appeal in L.F. v. S.C.: Upholding Established Jurisprudence on Child Abduction Introduction The case L.F. v. S.C. [2022] IESCDET 100, adjudicated by the Supreme Court of Ireland...
Torpey v Personal Insolvency Acts 2012-2015: Permitting Excludable Debt and Class of Creditor in Personal Insolvency Arrangements

Torpey v Personal Insolvency Acts 2012-2015: Permitting Excludable Debt and Class of Creditor in Personal Insolvency Arrangements

Date: Aug 12, 2022
Torpey v Personal Insolvency Acts 2012-2015: Permitting Excludable Debt and Class of Creditor in Personal Insolvency Arrangements Introduction The case Torpey v Personal Insolvency Acts 2012-2015...
Moran Doyle v Personal Insolvency Acts 2012-2015: Establishing Standards for Personal Insolvency Arrangements

Moran Doyle v Personal Insolvency Acts 2012-2015: Establishing Standards for Personal Insolvency Arrangements

Date: Aug 12, 2022
Moran Doyle v Personal Insolvency Acts 2012-2015: Establishing Standards for Personal Insolvency Arrangements Introduction The case of Moran Doyle v Personal Insolvency Acts 2012-2015 ([2022] IEHC...
Comprehensive Legal Commentary on Best & anor v Ghose & ors ([2022] IEHC 507)

Comprehensive Legal Commentary on Best & anor v Ghose & ors ([2022] IEHC 507)

Date: Aug 6, 2022
Allocation of Legal Costs in Partnership Liability: Insights from Best & anor v Ghose & ors ([2022] IEHC 507) Introduction The case of Best & anor v Ghose & ors ([2022] IEHC 507) presented before the...
Ensuring Fair Trial Rights in the Context of European Arrest Warrants: Insights from Minister for Justice & Equality v Orlowski; Minister for Justice & Equality v. Lyszkiewicz [2022] IESC 37

Ensuring Fair Trial Rights in the Context of European Arrest Warrants: Insights from Minister for Justice & Equality v Orlowski; Minister for Justice & Equality v. Lyszkiewicz [2022] IESC 37

Date: Aug 5, 2022
Ensuring Fair Trial Rights in the Context of European Arrest Warrants: Insights from Minister for Justice & Equality v Orlowski; Minister for Justice & Equality v. Lyszkiewicz [2022] IESC 37...
Affirmation of Appeal Fee Under Central Bank Act 1942 in IFSAT Proceedings: Riordan v The Irish Financial Services Appeals Tribunal

Affirmation of Appeal Fee Under Central Bank Act 1942 in IFSAT Proceedings: Riordan v The Irish Financial Services Appeals Tribunal

Date: Aug 4, 2022
Affirmation of Appeal Fee Under Central Bank Act 1942 in IFSAT Proceedings Introduction The case of Riordan v The Irish Financial Services Appeals Tribunal (Approved) ([2022] IEHC 488) presented...
Enhanced Consideration of Family Risks for Albinism in Asylum Claims: Insights from B.C. v International Protection Appeals Tribunal & Anor [2022] IEHC 564

Enhanced Consideration of Family Risks for Albinism in Asylum Claims: Insights from B.C. v International Protection Appeals Tribunal & Anor [2022] IEHC 564

Date: Aug 4, 2022
Enhanced Consideration of Family Risks for Albinism in Asylum Claims: Insights from B.C. v The International Protection Appeals Tribunal & Anor [2022] IEHC 564 Introduction The case of B.C. v The...
Preservation of Contractual Entitlements through Interlocutory Injunction: Leonard v Health Service Executive [2022] IEHC 487

Preservation of Contractual Entitlements through Interlocutory Injunction: Leonard v Health Service Executive [2022] IEHC 487

Date: Aug 4, 2022
Preservation of Contractual Entitlements through Interlocutory Injunction: Leonard v Health Service Executive [2022] IEHC 487 Introduction Leonard v Health Service Executive (Approved) ([2022] IEHC...
Inordinate Delay and the Balance of Justice: High Court Upholds Plaintiff's Action in Barrett v Traymount Construction Ltd [2022] IEHC 502

Inordinate Delay and the Balance of Justice: High Court Upholds Plaintiff's Action in Barrett v Traymount Construction Ltd [2022] IEHC 502

Date: Aug 4, 2022
Inordinate Delay and the Balance of Justice: High Court Upholds Plaintiff's Action in Barrett v Traymount Construction Ltd [2022] IEHC 502 Introduction Barrett v Traymount Construction Ltd & Ors...
Kerin v Dáil Éireann: Supreme Affirmation of Parliamentary Immunity in Judicial Proceedings

Kerin v Dáil Éireann: Supreme Affirmation of Parliamentary Immunity in Judicial Proceedings

Date: Jul 30, 2022
Kerin v Dáil Éireann: Supreme Affirmation of Parliamentary Immunity in Judicial Proceedings 1. Introduction The case of Kerins v Dáil Éireann & Ors (Approved) ([2022] IEHC 489) presents a pivotal...
Supreme Court Upholds Continued Operation of the Special Criminal Court Under Section 35(2) of the Offences against the State Act 1939

Supreme Court Upholds Continued Operation of the Special Criminal Court Under Section 35(2) of the Offences against the State Act 1939

Date: Jul 30, 2022
Supreme Court Upholds Continued Operation of the Special Criminal Court Under Section 35(2) of the Offences against the State Act 1939 Introduction The landmark case of Dowdall v Director of Public...
No New Precedent Established in Permanent TSB Group Holdings v Dowling & Ors: Rejection of Interlocutory Appeal on Company Litigation Funding

No New Precedent Established in Permanent TSB Group Holdings v Dowling & Ors: Rejection of Interlocutory Appeal on Company Litigation Funding

Date: Jul 30, 2022
No New Precedent Established in Permanent TSB Group Holdings v Dowling & Ors: Rejection of Interlocutory Appeal on Company Litigation Funding Introduction The case of Permanent TSB Group Holdings...
Nihill v Everyday Finance: Clarifying Receiver's Authority and Conflict of Interest

Nihill v Everyday Finance: Clarifying Receiver's Authority and Conflict of Interest

Date: Jul 30, 2022
Nihill v Everyday Finance DAC: Clarifying Receiver's Authority and Conflict of Interest Introduction Nihill v Everyday Finance DAC & Ors ([2022] IEHC 484) is a pivotal High Court of Ireland decision...
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