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  • Commentaries

Ireland Case Commentaries

Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Date: Apr 12, 2025
Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries Introduction In Wales v Solicitors' Disciplinary Committee & Anor [2025] IEHC 281, the High Court of...
Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Date: Apr 12, 2025
Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive Introduction This commentary examines the High Court’s decision in Massey v An Bord Pleanála & Ors [No. 2]...
Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Date: Apr 12, 2025
Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board Introduction The High Court decision in Clohessy v Legal Aid Board &...
Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Date: Apr 12, 2025
Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive Introduction Massey v An Bord Pleanála & Ors [No. 3] ([2025] IEHC 218) is a High Court...
Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Date: Apr 11, 2025
Reinforcing Evidentiary Clarity in Summary Debt Claims Cabot Financial [Ireland] Ltd v Darren Hanney ([2025] IEHC 213) 1. Introduction In Cabot Financial [Ireland] Ltd v Hanney, the High Court was...
Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Date: Apr 11, 2025
Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement Introduction Cabot Financial (Ireland) Ltd v Lawless [2025] IEHC 233 is a High Court decision by Mr Justice Barr handed...
Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes

Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes

Date: Apr 11, 2025
Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes Introduction Point Village Development Limited (“PVDL”) sued Dunnes Stores Unlimited Company...
Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher

Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher

Date: Apr 11, 2025
Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher Introduction In Mars Capital Finance Ireland DAC & Anor v Gallagher & Anor...
“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331

“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331

Date: Apr 10, 2025
“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331 Introduction AMS v Birthistle is the High Court of Ireland’s first reported decision dealing with failure to diagnose...
Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement

Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement

Date: Apr 10, 2025
Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement Introduction The High Court of Ireland’s decision in Board of Management of Wilson’s Hospital School v...
Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means

Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means

Date: Apr 10, 2025
Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means 1. Introduction This commentary examines the High Court of Ireland’s decision in Abdelaatti v College...
Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice

Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice

Date: Apr 9, 2025
Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice Introduction SK v Minister for Justice ([2025] IEHC 231) concerns an...
Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations

Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations

Date: Apr 9, 2025
Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations Introduction This judgment arises from G.H. v Tusla Child and Family Agency & Ors [2025] IEHC 263, a High...
Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling: Halpin & Ors v Everyday Finance DAC & Ors

Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling: Halpin & Ors v Everyday Finance DAC & Ors

Date: Apr 9, 2025
Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling Introduction The High Court’s decision in Halpin & Ors v Everyday Finance DAC & Ors; Stairway Property Company Ltd v...
Proportional Recognition of Legitimate Contributions to Part-Acquired Property under the Proceeds of Crime Act

Proportional Recognition of Legitimate Contributions to Part-Acquired Property under the Proceeds of Crime Act

Date: Apr 8, 2025
Proportional Recognition of Legitimate Contributions to Part-Acquired Property under the Proceeds of Crime Act Introduction This commentary examines the High Court’s supplemental judgment in Criminal...
No Tangible Benefit, No Standing: Restricting Probate Challenges to Interested Parties

No Tangible Benefit, No Standing: Restricting Probate Challenges to Interested Parties

Date: Apr 5, 2025
No Tangible Benefit, No Standing: Restricting Probate Challenges to Interested Parties Introduction In Lynch & Ors v Murphy [2025] IEHC 193, the High Court of Ireland considered an application to...
Von Geitz v Kelly & Ors: Refining Strike-Out Jurisdiction and Isaac Wunder Orders in Whistleblowing Litigation

Von Geitz v Kelly & Ors: Refining Strike-Out Jurisdiction and Isaac Wunder Orders in Whistleblowing Litigation

Date: Apr 5, 2025
Von Geitz v Kelly & Ors: Refining Strike-Out Jurisdiction and Isaac Wunder Orders in Whistleblowing Litigation Introduction In Von Geitz v Kelly & Ors ([2025] IEHC 203), Mr. Justice Heslin considered...
Harmless Error and Material Contravention: Certiorari Limits for Have-Regard-To Local Area Plans

Harmless Error and Material Contravention: Certiorari Limits for Have-Regard-To Local Area Plans

Date: Apr 5, 2025
Harmless Error and Material Contravention: Certiorari Limits for Have-Regard-To Local Area Plans Introduction This commentary examines the High Court’s decision in Ryanair Designated Activity Company...
Clarification of “Determination” under Section 34(12)(b) of the Planning and Development Act 2000

Clarification of “Determination” under Section 34(12)(b) of the Planning and Development Act 2000

Date: Apr 5, 2025
Clarification of “Determination” under Section 34(12)(b) of the Planning and Development Act 2000 Introduction This commentary examines the High Court decision in 100 Meter Tall Group & Ors v An Bord...
Mootness Doctrine and the Limits of First-Instance Constitutional Review under Section 179A

Mootness Doctrine and the Limits of First-Instance Constitutional Review under Section 179A

Date: Apr 5, 2025
Mootness Doctrine and the Limits of First-Instance Constitutional Review under Section 179A Introduction O’Meara –v- Westmeath County Council & Ors [2025] IEHC 192 is a High Court decision of Ms...
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