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  • Commentaries

Ireland Case Commentaries

Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Date: Apr 30, 2025
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223 Introduction Campbell v O'Doherty [2025] IEHC 223 is a High Court decision delivered by...
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Date: Apr 30, 2025
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor Introduction Dublin City Council v Lynskey & Anor [2025] IEHC 241 is a High Court decision addressing the...
Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála

Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála

Date: Apr 30, 2025
Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála Introduction Byrne v An Bord Pleanála & Anor [2025] IEHC 222 is a High Court ruling delivered by Mr Justice Nolan on 29...
Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Date: Apr 29, 2025
Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015 Introduction In CDB Aviation Lease Finance Designated Activity Company &...
Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Date: Apr 29, 2025
Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure Introduction This commentary examines the High Court of Ireland’s decision in PK v VS & Anor...
Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Date: Apr 26, 2025
Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review Introduction This case arose from an application by Michael and Maureen Larkin (“the applicants”) for judicial review of...
Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Date: Apr 26, 2025
Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries Introduction Granahan v Governor of Mountjoy Prison & Anor [2025] IEHC 247 is a High Court ruling delivered by Mr....
Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237)

Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237)

Date: Apr 24, 2025
Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237) Introduction Director of Public Prosecutions v O’Brien ([2025] IEHC 237)...
All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC

All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC

Date: Apr 24, 2025
All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC Introduction In Marlin Apartments Ltd trading as Marlin Hotel Dublin v...
Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21

Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21

Date: Apr 23, 2025
Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21 Introduction Deegan v Campbell [2025] IEHC 240 is a High Court decision...
Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC

Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC

Date: Apr 18, 2025
Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC Introduction Connaughton v Start Mortgages Designated Activity Company [2025] IEHC 249 is a High...
Obligation to Provide Public Open Space or Financial Contribution in Lieu: Eglington Residents Association v An Bord Pleanála ([2025] IEHC 209)

Obligation to Provide Public Open Space or Financial Contribution in Lieu: Eglington Residents Association v An Bord Pleanála ([2025] IEHC 209)

Date: Apr 16, 2025
Obligation to Provide Public Open Space or Financial Contribution in Lieu in Planning Appeals Introduction Eglington Residents Association & Anor v An Bord Pleanála & Ors ([2025] IEHC 209) was...
Fair and Equitable Costs Allocation in Modularized Environmental Proceedings: Doyle & Ors v An Bord Pleanála [No.2]

Fair and Equitable Costs Allocation in Modularized Environmental Proceedings: Doyle & Ors v An Bord Pleanála [No.2]

Date: Apr 12, 2025
Fair and Equitable Costs Allocation in Modularized Environmental Proceedings: Doyle & Ors v An Bord Pleanála [No.2] Introduction The High Court’s decision in Doyle & Ors v An Bord Pleanála & Ors...
Strict Interpretation of Article 8(1) Brussels I (recast): Limits on Non-Anchor Defendants’ Jurisdiction

Strict Interpretation of Article 8(1) Brussels I (recast): Limits on Non-Anchor Defendants’ Jurisdiction

Date: Apr 12, 2025
Strict Interpretation of Article 8(1) Brussels I (recast): Limits on Non-Anchor Defendants’ Jurisdiction Introduction In the composite decision Yasar, Talibov & Senen v CCC Essen Digital GmbH & Anor;...
Barlow & Ors v Minister: Duty of Care by Assumption of Responsibility in Statutory Resource Allocation

Barlow & Ors v Minister: Duty of Care by Assumption of Responsibility in Statutory Resource Allocation

Date: Apr 12, 2025
Duty of Care by Assumption of Responsibility in Statutory Resource Allocation Introduction Barlow & Ors v The Minister for Communications, Marine & Natural Resources & Ors ([2025] IESC 14) is a...
Byrne v Fingal County Council: Declaratory Relief for LAP Non-Compliance

Byrne v Fingal County Council: Declaratory Relief for LAP Non-Compliance

Date: Apr 12, 2025
Byrne v Fingal County Council: Declaratory Relief for LAP Non-Compliance 1. Introduction This commentary examines the High Court decision in Byrne v Fingal County Council & Ors [2025] IEHC 204,...
Costs Entitlement in Labour Court Appeals: Statutory Primacy of Section 169 Over Order 105, Rule 7 in Hanley v PBR Restaurants Ltd

Costs Entitlement in Labour Court Appeals: Statutory Primacy of Section 169 Over Order 105, Rule 7 in Hanley v PBR Restaurants Ltd

Date: Apr 12, 2025
Costs Entitlement in Labour Court Appeals: Statutory Primacy of Section 169 Over Order 105, Rule 7 Hanley v PBR Restaurants Ltd [Trading as Fish Shack Cafe] [2025] IEHC 224 High Court of Ireland –...
Citizenship by Descent for Donor-Conceived Children: Recognising Genetic Mothers and Remedying a Constitutional Lacuna

Citizenship by Descent for Donor-Conceived Children: Recognising Genetic Mothers and Remedying a Constitutional Lacuna

Date: Apr 12, 2025
Citizenship by Descent for Donor-Conceived Children: Recognising Genetic Mothers and Remedying a Constitutional Lacuna Introduction In X. v Minister for Foreign Affairs & Ors and Z. (by his mother...
Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations

Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations

Date: Apr 12, 2025
Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations Introduction This commentary examines the High Court of Ireland’s...
Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Date: Apr 12, 2025
Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants 1. Introduction In Minister for Justice v. Warner ([2025] IEHC 273), the High Court of Ireland...
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