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  • Commentaries

Ireland Case Commentaries

Estoppel and Abuse of Process in Butler v Minister for Justice: A Comprehensive Commentary

Estoppel and Abuse of Process in Butler v Minister for Justice: A Comprehensive Commentary

Date: May 5, 2022
Estoppel and Abuse of Process in Butler & Anor v Minister for Justice and Equality & Ors ([2022] IEHC 266): A Comprehensive Commentary Introduction The High Court of Ireland delivered its judgment in...
Finality of Litigation and Abuse of Process Upheld in Rippington v. Ireland and the Attorney General

Finality of Litigation and Abuse of Process Upheld in Rippington v. Ireland and the Attorney General

Date: May 5, 2022
Finality of Litigation and Abuse of Process Upheld in Rippington v. Ireland and the Attorney General & Ors (2022_IESCDET_56) Introduction The case of Rippington v. Ireland and the Attorney General &...
Barry Sheehan v Solicitors Disciplinary Tribunal: Implications for Costs in Professional Misconduct Proceedings

Barry Sheehan v Solicitors Disciplinary Tribunal: Implications for Costs in Professional Misconduct Proceedings

Date: May 5, 2022
Barry Sheehan v Solicitors Disciplinary Tribunal: Implications for Costs in Professional Misconduct Proceedings Introduction The case of Barry Sheehan v Solicitors Disciplinary Tribunal Bernard...
Hynes v Maguire: Reinforcing the Requirement for Specific Particulars in Legal Proceedings

Hynes v Maguire: Reinforcing the Requirement for Specific Particulars in Legal Proceedings

Date: May 5, 2022
Hynes v Maguire: Reinforcing the Requirement for Specific Particulars in Legal Proceedings Introduction The case Hynes v Maguire PUST Seamus Maguire & Co Solicitors & Ors (Approved) ([2022] IEHC 254)...
Reaffirmation of O'Keeffe Standard in Environmental Appropriate Assessments: Madden v An Bord Pleanála

Reaffirmation of O'Keeffe Standard in Environmental Appropriate Assessments: Madden v An Bord Pleanála

Date: May 5, 2022
Reaffirmation of O'Keeffe Standard in Environmental Appropriate Assessments: Madden v An Bord Pleanála Introduction In the High Court decision Madden v An Bord Pleanála (Approved) ([2022] IEHC 257),...
Supreme Court Upholds High Court's Application of Bona Fide Defence Test in Mortgage Possession Case

Supreme Court Upholds High Court's Application of Bona Fide Defence Test in Mortgage Possession Case

Date: May 5, 2022
Supreme Court Upholds High Court's Application of Bona Fide Defence Test in Mortgage Possession Case Introduction The case of Start Mortgages DAC v. Burns ([2022] IESCDET 55) addresses significant...
Refusal of Leave to Appeal in Havbell DAC v. Tucker Establishes Strict Adherence to Finality of Possession Orders

Refusal of Leave to Appeal in Havbell DAC v. Tucker Establishes Strict Adherence to Finality of Possession Orders

Date: May 5, 2022
Refusal of Leave to Appeal in Havbell DAC v. Tucker Establishes Strict Adherence to Finality of Possession Orders Introduction The case of Havbell Designated Activity Company v. Martin Tucker ([2022]...
Comprehensive Commentary on Minister for Justice v Silko [2022] IEHC 261

Comprehensive Commentary on Minister for Justice v Silko [2022] IEHC 261

Date: May 4, 2022
Surrender of Respondent to Lithuania Confirmed: Detailed Analysis of Minister for Justice v Silko [2022] IEHC 261 Introduction The High Court of Ireland delivered a significant judgment on May 3,...
Supreme Court Refuses Leave to Appeal in RAAP v. PPI: Clarifying Benefits of Directive Interpretation

Supreme Court Refuses Leave to Appeal in RAAP v. PPI: Clarifying Benefits of Directive Interpretation

Date: May 4, 2022
Supreme Court Refuses Leave to Appeal in RAAP v. PPI: Clarifying Benefits of Directive Interpretation Introduction The Supreme Court of Ireland recently addressed the application for leave to appeal...
Cost Protection in Environmental Judicial Reviews: Insights from Jennings & Anor v An Bord Pleanála & Ors ([2022] IEHC 249)

Cost Protection in Environmental Judicial Reviews: Insights from Jennings & Anor v An Bord Pleanála & Ors ([2022] IEHC 249)

Date: May 4, 2022
Cost Protection in Environmental Judicial Reviews: Insights from Jennings & Anor v An Bord Pleanála & Ors ([2022] IEHC 249) Introduction The case of Jennings & Anor v An Bord Pleanála & Ors ([2022]...
Cost Implications of Non-Compliance with O'Malley Standards in Summary Judgment: Insights from Cabot Financial [Ireland] LTD v Kearney

Cost Implications of Non-Compliance with O'Malley Standards in Summary Judgment: Insights from Cabot Financial [Ireland] LTD v Kearney

Date: Apr 30, 2022
Cost Implications of Non-Compliance with O'Malley Standards in Summary Judgment: Insights from Cabot Financial [Ireland] LTD v Kearney Introduction The case of Cabot Financial [Ireland] LTD v Kearney...
Presidential Immunity and Access to Environmental Information: An Analysis of Right to Know CLG v Commissioner for Environmental Information & Ors [2022] IESC 19

Presidential Immunity and Access to Environmental Information: An Analysis of Right to Know CLG v Commissioner for Environmental Information & Ors [2022] IESC 19

Date: Apr 30, 2022
Presidential Immunity and Access to Environmental Information: An Analysis of Right to Know CLG v Commissioner for Environmental Information & Ors [2022] IESC 19 Introduction In the landmark case...
Reserving Costs in Moot Proceedings: Comprehensive Analysis of Adelina LTD v Lartigue Enterprises LTD [2022] IEHC 240

Reserving Costs in Moot Proceedings: Comprehensive Analysis of Adelina LTD v Lartigue Enterprises LTD [2022] IEHC 240

Date: Apr 30, 2022
Reserving Costs in Moot Proceedings: Comprehensive Analysis of Adelina LTD v Lartigue Enterprises LTD [2022] IEHC 240 Introduction The case of Adelina LTD v Lartigue Enterprises LTD [in receivership]...
Establishing Jurisdiction under Section 38(3) of the Family Law Divorce Act 1996: Insights from M v M (2022) IEHC 530

Establishing Jurisdiction under Section 38(3) of the Family Law Divorce Act 1996: Insights from M v M (2022) IEHC 530

Date: Apr 30, 2022
Establishing Jurisdiction under Section 38(3) of the Family Law Divorce Act 1996: Insights from M v M (2022) IEHC 530 Introduction M v M (Approved) ([2022] IEHC 530) is a pivotal judgment delivered...
Unconscionable Terms in Family Loan Agreements: Insights from Gaffney & Anor v Gaffney & Anor [2022] IEHC 251

Unconscionable Terms in Family Loan Agreements: Insights from Gaffney & Anor v Gaffney & Anor [2022] IEHC 251

Date: Apr 30, 2022
Unconscionable Terms in Family Loan Agreements: Insights from Gaffney & Anor v Gaffney & Anor [2022] IEHC 251 Introduction The case of Gaffney & Anor v Gaffney & Anor and Gaffney v. Gaffney & Anor...
Timely Joinder of Third Parties in Personal Injury Proceedings: Insights from Figiel v Dunphy Engineering [2022] IEHC 207

Timely Joinder of Third Parties in Personal Injury Proceedings: Insights from Figiel v Dunphy Engineering [2022] IEHC 207

Date: Apr 30, 2022
Timely Joinder of Third Parties in Personal Injury Proceedings: Insights from Figiel v Dunphy Engineering [2022] IEHC 207 Introduction The case of Figiel v Sean Dunphy T/A Dunphy Engineering...
Critical Skills Employment Permit Does Not Guarantee Visa Approval: Insights from Abounar v Minister for Justice and Equality [2022] IEHC 245

Critical Skills Employment Permit Does Not Guarantee Visa Approval: Insights from Abounar v Minister for Justice and Equality [2022] IEHC 245

Date: Apr 29, 2022
Critical Skills Employment Permit Does Not Guarantee Visa Approval: Insights from Abounar & Ors v Minister for Justice and Equality (Approved) [2022] IEHC 245 Introduction The High Court of Ireland,...
Reaffirming 'Sufficient Interest' in Planning Judicial Review: Insights from Kelly & Ors v An Bord Pleanála & Ors [2022] IEHC 238

Reaffirming 'Sufficient Interest' in Planning Judicial Review: Insights from Kelly & Ors v An Bord Pleanála & Ors [2022] IEHC 238

Date: Apr 29, 2022
Reaffirming 'Sufficient Interest' in Planning Judicial Review: Insights from Kelly & Ors v An Bord Pleanála & Ors [2022] IEHC 238 Introduction The case of Kelly & Ors v An Bord Pleanála & Ors...
High Court Clarifies EIA Requirements for Wind Farm Modifications in Martin v An Bord Pleanala [2022] IEHC 256

High Court Clarifies EIA Requirements for Wind Farm Modifications in Martin v An Bord Pleanala [2022] IEHC 256

Date: Apr 28, 2022
High Court Clarifies EIA Requirements for Wind Farm Modifications in Martin v An Bord Pleanala [2022] IEHC 256 Introduction The High Court of Ireland, in the case of Martin v An Bord Pleanála ([2022]...
Balancing Delay, Prejudice, and Mediation in High Court Proceedings: Analysis of Campbell v Geraghty [2022] IEHC 241

Balancing Delay, Prejudice, and Mediation in High Court Proceedings: Analysis of Campbell v Geraghty [2022] IEHC 241

Date: Apr 28, 2022
Balancing Delay, Prejudice, and Mediation in High Court Proceedings: Analysis of Campbell v Geraghty Executor Of Margaret Ahern Deceased [2022] IEHC 241 Introduction The case of Campbell v Geraghty...
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