Ireland Case Commentaries

Anticipatory judicial review can ground an Article 267 validity reference where directive transposition is imminent and the dispute is genuine

Date: May 21, 2026

Anticipatory judicial review can ground an Article 267 validity reference where directive transposition is imminent and the dispute is genuine 1) Introduction In Irish Pharmaceutical Healthcare...

High Court Recognises an Inherent Jurisdiction to Order Mediation in Non–Personal Injury Civil Proceedings

Date: May 21, 2026

High Court Recognises an Inherent Jurisdiction to Order Mediation in Non–Personal Injury Civil Proceedings Case: J Burke and Associates Ltd v O'Connell (Approved) Citation: [2026] IEHC 314 (High...

Order 28 Rule 12 as the Proper Route to Correct Misdescribed Documents in Interlocutory Inspection Orders (and Avoid Nugatory Orders)

Date: May 21, 2026

Order 28 Rule 12 as the Proper Route to Correct Misdescribed Documents in Interlocutory Inspection Orders (and Avoid Nugatory Orders) 1) Introduction In Wales v Charleton and Ors (Approved) [2026]...

Regular Access Does Not Bar a Finding of “Abandonment”: Adoption as Proportionate Status-Security under s.54 Adoption Act 2010

Date: May 20, 2026

Regular Access Does Not Bar a Finding of “Abandonment”: Adoption as Proportionate Status-Security under s.54 Adoption Act 2010 Court: High Court of Ireland (Family Law) | Neutral citation: [2026]...

High Court Sanctioning under the Legal Services Regulation Act 2015: Independent Determination (Not Rubber-Stamp) on an LPDT Recommendation under the New Order 53D Procedure

Date: May 20, 2026

High Court Sanctioning under the Legal Services Regulation Act 2015: Independent Determination (Not Rubber-Stamp) on an LPDT Recommendation under the New Order 53D Procedure 1. Introduction The Legal...

Post-judgment substitution and execution after loan transfer: balance-of-probabilities proof of absolute assignment and s.28(6) notice

Date: May 19, 2026

Post-judgment substitution and execution after loan transfer: balance-of-probabilities proof of absolute assignment and s.28(6) notice Case: Start Mortgages Designated Activity Company v Clarke and...

“Good reason” threshold under s.44(5) Teaching Council Act 2001: High Court confirmation of sanction unless decision is irrational, procedurally unfair, or vitiated by serious error

Date: May 19, 2026

“Good reason” threshold under s.44(5) Teaching Council Act 2001: High Court confirmation of sanction unless decision is irrational, procedurally unfair, or vitiated by serious error 1) Introduction...

Supplying Parental Consent Under Article 42A for Urgent Life-Saving Blood Transfusion in Minor Wardship

Date: May 16, 2026

Supplying Parental Consent Under Article 42A for Urgent Life-Saving Blood Transfusion in Minor Wardship 1. Introduction In the Matter of FB [A Minor] [2026] IEHC 341 is an urgent wardship-related...

Interlocutory Relief and Alleged Easement Interference: Strong Case Is Not Enough Where Loss Is Remediable and Damages Are Quantifiable

Date: May 16, 2026

Interlocutory Relief and Alleged Easement Interference: Strong Case Is Not Enough Where Loss Is Remediable and Damages Are Quantifiable Case: International Investments ICAV v Blanche Retail Nominee...

Strict Gatekeeping Under s.50A(7): Leave to Appeal Requires Pleaded, Determinative Points of Exceptional Public Importance (and Draft Judgments Must Remain Confidential)

Date: May 16, 2026

Strict Gatekeeping Under s.50A(7): Leave to Appeal Requires Pleaded, Determinative Points of Exceptional Public Importance (and Draft Judgments Must Remain Confidential) Case: Rural Residents Wind...

Article 35 Brussels Recast: Irish Mareva Relief Requires Cogent Proof of a “Good Arguable Case” in the Foreign-Law Claim and a Real Risk of Dissipation

Date: May 16, 2026

Article 35 Brussels Recast: Irish Mareva Relief Requires Cogent Proof of a “Good Arguable Case” in the Foreign-Law Claim and a Real Risk of Dissipation 1) Introduction In Coleman v Pyriat Ltd and...

Order 8 Renewals After Expiry: “Special Circumstances” Must Be Defendant-Specific, and Solicitor Oversight (and Material Non-Disclosure) Will Not Sustain Ex Parte Renewal

Date: May 16, 2026

Order 8 Renewals After Expiry: “Special Circumstances” Must Be Defendant-Specific, and Solicitor Oversight (and Material Non-Disclosure) Will Not Sustain Ex Parte Renewal 1) Introduction Timmons v...

Strict s.50A(7) Certification Threshold and “Materiality” as the Limiting Principle on s.146B Amendments

Date: May 16, 2026

Strict s.50A(7) Certification Threshold and “Materiality” as the Limiting Principle on s.146B Amendments Case: Rural Residents Wind Aware and Environmental Group & Ors v An Coimisiun Pleanala & Ors...

Dominant-Injury Assessment and Mandatory Reddy v Bates Discount in Future Earnings under the Garda Síochána (Compensation) Acts

Date: May 16, 2026

Dominant-Injury Assessment and Mandatory Reddy v Bates Discount in Future Earnings under the Garda Síochána (Compensation) Acts Case: Mooney v Minister For Public Expenditure and Reform (Approved)...

Finality of Perfected High Court Orders: Limits of the Slip Rule, Inherent Reopening, and Litigant-in-Person Cost Measurement

Date: May 14, 2026

Finality of Perfected High Court Orders: Limits of the Slip Rule, Inherent Reopening, and Litigant-in-Person Cost Measurement Case: Nowak v Intesa Sanpaolo Vita S.P.A (Approved) [2026] IEHC 295...

Costs Adjudication Fairness: Duty to Address Documentary Deficiencies and to Consider Order 99 r.26(7) Direction Before Proceeding

Date: May 14, 2026

Costs Adjudication Fairness: Duty to Address Documentary Deficiencies and to Consider Order 99 r.26(7) Direction Before Proceeding 1. Introduction Nolan & Ors v Office of the Legal Costs Adjudicators...

Depressive Illness, Social Supports, and “Intolerable Situation”: Article 13(b) Bars Return Where Relapse Risk Cannot Be Mitigated

Date: May 14, 2026

Depressive Illness, Social Supports, and “Intolerable Situation”: Article 13(b) Bars Return Where Relapse Risk Cannot Be Mitigated J.P. v M.M. (Approved) [2026] IEHC 298 — High Court of Ireland...

Schemes of Arrangement in Ireland: Class Composition Disputes Ordinarily Determined at the Sanction Stage

Date: May 14, 2026

Schemes of Arrangement in Ireland: Class Composition Disputes Ordinarily Determined at the Sanction Stage 1) Introduction In Permanent TSB Group Holdings plc (the “Company”) the High Court...

Oral Pronouncements of “Conviction” in Summary Appeals Have No Binding Effect Without a Final Composite Order (Conviction + Sentence)

Date: May 13, 2026

Oral Pronouncements of “Conviction” in Summary Appeals Have No Binding Effect Without a Final Composite Order (Conviction + Sentence) Case: McGuinness v The Director of Public Prosecutions (Approved)...

Planning Judicial Review: Standing, Pleading Specificity, and Proof in Retention/AA Screening Challenges

Date: May 9, 2026

Planning Judicial Review: Standing, Pleading Specificity, and Proof in Retention/AA Screening Challenges 1. Introduction In Duffy v An Coimisiun Pleanala (Approved) [2026] IEHC 281, the High Court...