Ireland Case Commentaries

Mandatory Conviction for Penalty-Point Speeding Offences and Objective Bias from Pre-Determination Remarks

Date: May 28, 2026

Mandatory Conviction for Penalty-Point Speeding Offences and Objective Bias from Pre-Determination Remarks 1. Introduction In Director Of Public Prosecutions v Heneghan (Approved) [2026] IEHC 316,...

Fair Procedures in EUTR Visa Appeals: No “Moving Goalposts” on Appeal and Reopening for Game‑Changing Evidence

Date: May 28, 2026

Fair Procedures in EUTR Visa Appeals: No “Moving Goalposts” on Appeal and Reopening for Game‑Changing Evidence Case: Hamed v The Minister For Justice [2026] IEHC 222 (High Court, Barr J, 21 May 2026)...

Registration Is Not an Application: No Mandamus or Certiorari Where a Non-National Books a Registration Appointment Without Applying for Residence Permission

Date: May 28, 2026

Registration Is Not an Application: No Mandamus or Certiorari Where a Non-National Books a Registration Appointment Without Applying for Residence Permission 1) Introduction In G.T. [Georgia] v The...

Carltona in Insolvency Appointments: No “Warrant” Requirement and Automatic Vesting in the Official Assignee

Date: May 28, 2026

Carltona in Insolvency Appointments: No “Warrant” Requirement and Automatic Vesting in the Official Assignee Case: Dunne & Ors v Lehane & Ors (Approved) [2026] IEHC 331 Court: High Court of Ireland |...

Derelict Sites CPOs: “Occupier” Includes Unlawful Occupants, but Defective Service May Be Cured by Actual Notice, Participation, and Delay

Date: May 28, 2026

Derelict Sites CPOs: “Occupier” Includes Unlawful Occupants, but Defective Service May Be Cured by Actual Notice, Participation, and Delay Case: Dublin City Council v O'Reilly and Ors (Approved)...

Strict enforcement of Order 84’s three-month limit in leave applications: judicial review of Legal Aid Board decisions requires timely filing and a properly grounded extension request

Date: May 28, 2026

Strict enforcement of Order 84’s three-month limit in leave applications: judicial review of Legal Aid Board decisions requires timely filing and a properly grounded extension request 1) Introduction...

Strict affidavit-based justification required to extend O.84 r.21 time in EU-law related judicial review (and Emmott does not suspend time limits)

Date: May 28, 2026

Strict Affidavit-Based Justification Is Required to Extend the Order 84, Rule 21 Judicial Review Time Limit (Even Where EU-Law Arguments Are Raised) Case: Cahill and Anor v Office Of Protected...

Griffin v Commissioner of An Garda Síochána & Ors [2026] IEHC 330 — Cross-examination in judicial review where “lawyered” affidavits advance disputed inferences and conclusions

Date: May 28, 2026

Cross-examination in judicial review may be permitted where “lawyered” affidavits advance disputed inferences and conclusions central to the defence, but must remain tightly controlled 1)...

Fairness Requires an Oral IPAT Appeal Where Credibility Findings Rely on Interviews Taken While the Appellant Had Significant Psychiatric Impairment and No Legal Assistance

Date: May 28, 2026

Fairness Requires an Oral IPAT Appeal Where Credibility Findings Rely on Interviews Taken While the Appellant Had Significant Psychiatric Impairment and No Legal Assistance Case: J.R. [Georgia] v The...

Section 24 MUD Act Relief Must Be Anchored to an Enforceable Right/Obligation: No Direct Claims Against OMC Directors; Derivative Claims Require High Court Leave

Date: May 27, 2026

Section 24 MUD Act Relief Must Be Anchored to an Enforceable Right/Obligation: No Direct Claims Against OMC Directors; Derivative Claims Require High Court Leave Case: Consortio Ltd v Lynch & Anor...

Settlement with an OMC Can Bar Later MUD Act “Common Areas” Claims Against the Developer: Henderson v Henderson Abuse and Privity

Date: May 27, 2026

Settlement with an OMC Can Bar Later MUD Act “Common Areas” Claims Against the Developer: Henderson v Henderson Abuse and Privity 1) Introduction In Consortio Limited v Slishwood Property Holdings...

Abuse of Process: Strike-Out Motions Cannot Re-Litigate a Concluded Judgment in a Section 74 Fraudulent Conveyance Action

Date: May 25, 2026

Abuse of Process: Strike-Out Motions Cannot Re-Litigate a Concluded Judgment in a Section 74 Fraudulent Conveyance Action 1) Introduction In Filbeck Limited v Kirwan (Approved) [2026] IEHC 306, the...

Clinical-Overdose as a “Kelly v Hennessy Accident”: Duty of Care to a Spouse Witnessing the Immediate Aftermath

Date: May 22, 2026

Clinical-Overdose as a “Kelly v Hennessy Accident”: Duty of Care to a Spouse Witnessing the Immediate Aftermath Case: Kinsella v Carter (Approved) Neutral citation: [2026] IEHC 319 Court: High Court...

Family Reunification under s.56: Minister May Reject Unreliable Somali Marriage Certificates and Require Corroboration of a Subsisting Marriage

Date: May 22, 2026

Family Reunification under s.56: Minister May Reject Unreliable Somali Marriage Certificates and Require Corroboration of a Subsisting Marriage Case: N.K.S v The Minister For Justice (Approved)...

Complaint-Based GDPR Inquiries Permit System-Wide Corrective Measures and Fines

Date: May 22, 2026

Complaint-Based GDPR Inquiries Permit System-Wide Corrective Measures and Fines 1) Introduction In Meta Platforms Ireland Ltd v Data Protection Commission (Approved) [2026] IEHC 323, the High Court...

“Stated Reasons” for s.31 Planning Directions: Reasons May Be Ascertained from OPR Recommendations on Reasonable Inquiry

Date: May 22, 2026

“Stated Reasons” for s.31 Planning Directions: Reasons May Be Ascertained from OPR Recommendations on Reasonable Inquiry 1) Introduction Fox v Wicklow County Council & Ors [2026] IEHC 412 is a High...

Section 35 Injunctions: Enforcing Barristers’ Professional Indemnity Insurance Despite EU Free-Movement Arguments

Date: May 22, 2026

Section 35 Injunctions: Enforcing Barristers’ Professional Indemnity Insurance Despite EU Free-Movement Arguments Case: The Legal Services Regulatory Authority v Sallabi (Approved) [2026] IEHC 334...

Stage-Dependent Proof for Substituting a Loan-Book Assignee in Circuit Court Possession Proceedings

Date: May 22, 2026

Stage-Dependent Proof for Substituting a Loan-Book Assignee in Circuit Court Possession Proceedings Case: Pepper Finance Corporation (Ireland) Designated Activity Company v O'Brien and Anor...

Refusal of Administration With Will Annexed Where the Applicant “Appropriates and Reprobates” the Will and Alleges a Contract-Based Conflict

Date: May 22, 2026

Refusal of Administration With Will Annexed Where the Applicant “Appropriates and Reprobates” the Will and Alleges a Contract-Based Conflict 1) Introduction Re: The Estate of John Joseph O'Farrell...

Marriage of Convenience as “Good Character” Disqualifier: The Applicant’s Duty to Engage with Adverse Material in Naturalisation Decisions

Date: May 22, 2026

Marriage of Convenience as “Good Character” Disqualifier: The Applicant’s Duty to Engage with Adverse Material in Naturalisation Decisions Case: Shahzad v The Minister For Justice and Equality...