Ireland Case Commentaries

Consent and Acquiescence in International Child Abduction: Insights from BE v RE ([2023] IEHC 184)

Date: Apr 18, 2023

Consent and Acquiescence in International Child Abduction: Insights from BE v RE ([2023] IEHC 184) Introduction The High Court of Ireland delivered a significant judgment in the case of BE v RE...

Allocation of Costs in Moot Judicial Review Proceedings: Insights from L.H. v Child and Family Agency [2023] IEHC 175

Date: Apr 18, 2023

Allocation of Costs in Moot Judicial Review Proceedings: Insights from L.H. v Child and Family Agency [2023] IEHC 175 Introduction The case of L.H. v Child and Family Agency (Approved) ([2023] IEHC...

Affirmation of Rules Committee's Authority to Regulate Judicial Review Time Limits in Harte v The Superior Court Rules Committee & Ors

Date: Apr 18, 2023

Affirmation of Rules Committee's Authority to Regulate Judicial Review Time Limits in Harte v The Superior Court Rules Committee & Ors Introduction Harte v The Superior Court Rules Committee & Ors...

High Court Reaffirms Discretionary Framework for Execution of Possession Orders under Order 42, Rule 24

Date: Apr 18, 2023

High Court Reaffirms Discretionary Framework for Execution of Possession Orders under Order 42, Rule 24 Introduction The case of Start Mortgages DAC v Gawley & Anor (Approved) [2023] IEHC 176 was...

Burke v The Governor of Cloverhill Prison: Upholding Lawful Detention and Court Authority

Date: Apr 15, 2023

Burke v The Governor of Cloverhill Prison: Upholding Lawful Detention and Court Authority Introduction Burke v The Governor of Cloverhill Prison (Approved) ([2023] IEHC 180) is a significant case...

Allied Irish Banks PLC v Bradley & Ors [2023] IEHC 179: Principles on Plaintiff Substitution and Consent in Settlement Agreements

Date: Apr 15, 2023

Allied Irish Banks PLC v Bradley & Ors [2023] IEHC 179: Principles on Plaintiff Substitution and Consent in Settlement Agreements Introduction The case of Allied Irish Banks PLC v Bradley & Ors...

High Court Establishes Rigorous Standards for Dismissal Applications in Accord and Satisfaction Disputes

Date: Apr 14, 2023

High Court Establishes Rigorous Standards for Dismissal Applications in Accord and Satisfaction Disputes Introduction The case of Berrill & Ors v Kenmare Property Finance DAC (Approved) ([2023] IEHC...

Burke v The Governor of Cloverhill Prison: Upholding the Right to a Fair Detention Inquiry

Date: Apr 13, 2023

Burke v The Governor of Cloverhill Prison: Upholding the Right to a Fair Detention Inquiry Introduction Burke v The Governor of Cloverhill Prison (Approved) ([2023] IEHC 177) is a significant case...

Supreme Court of Ireland Grants Leave to Appeal in DPP v. C.P.: Implications for Access to Trial Transcripts and Appeal Procedures

Date: Apr 6, 2023

Supreme Court of Ireland Grants Leave to Appeal in DPP v. C.P.: Implications for Access to Trial Transcripts and Appeal Procedures Introduction The case of The People at The Suit of The Director of...

AA v The Minister for Children & Ors: High Court Upholds Ministerial Decision on Accommodation Transfer

Date: Apr 4, 2023

AA v The Minister for Children & Ors: High Court Upholds Ministerial Decision on Accommodation Transfer Introduction In the case of AA v The Minister for Children & Ors (Approved) ([2023] IEHC 208),...

Inordinate Delay and Its Consequences in Civil Litigation: A Comprehensive Analysis of Conan v Sherry Fitzgerald (Commercial) Ltd [2023] IEHC 170

Date: Apr 1, 2023

Inordinate Delay and Its Consequences in Civil Litigation: A Comprehensive Analysis of Conan v Sherry Fitzgerald (Commercial) Ltd [2023] IEHC 170 Introduction The case of Mark Conan (Plaintiff)...

Lohan v Hatton [2023] IEHC 156: Remittance of Summary Proceedings Due to Factual Disputes and Cost Adjudication

Date: Apr 1, 2023

Lohan v Hatton [2023] IEHC 156: Remittance of Summary Proceedings Due to Factual Disputes and Cost Adjudication Introduction Lohan v Hatton ([2023] IEHC 156) is a significant judgment delivered by...

Clarifying the Standards for Interlocutory Injunctive Relief in Receivership Matters: O'Brien v Murphy & Anor [2023] IEHC 167

Date: Apr 1, 2023

Clarifying the Standards for Interlocutory Injunctive Relief in Receivership Matters: O'Brien v Murphy & Anor [2023] IEHC 167 Introduction The case of O'Brien v Murphy & Anor (Approved) [2023] IEHC...

Strict Criteria for Leapfrog Appeals to the Supreme Court: Analysis of X.Y v. Tusla Child and Family Agency

Date: Apr 1, 2023

Strict Criteria for Leapfrog Appeals to the Supreme Court: Analysis of X.Y v. Tusla Child and Family Agency Introduction X.Y v. Tusla Child and Family Agency is a significant case decided by the...

Interlocutory Injunctions and Fraud Claims: Insights from Gaynor v McDonald [2023] IEHC 166

Date: Apr 1, 2023

Interlocutory Injunctions and Fraud Claims: Insights from Gaynor v McDonald [2023] IEHC 166 Introduction The case of Gaynor v McDonald (Approved) [2023] IEHC 166 was adjudicated in the High Court of...

Heneghan v. Minister for Housing: Extending the Seanad University Franchise

Date: Apr 1, 2023

Heneghan v. Minister for Housing: Extending the Seanad University Franchise Introduction The case Heneghan v. Minister for Housing, Planning & Local Government & ors ([2023] IESC 7) adjudicated by...

Heneghan v. Minister for Housing et al.: Supreme Court Enforces Duty to Expand Seanad University Electorate

Date: Apr 1, 2023

Heneghan v. Minister for Housing et al.: Supreme Court Enforces Duty to Expand Seanad University Electorate Introduction The landmark case of Heneghan v. Minister for Housing, Planning & Local...

Micks-Wallace v Dunne & Anor (Approved) [2023] IEHC 169: Jurisdictional Boundaries under Brussels Recast

Date: Apr 1, 2023

Micks-Wallace v Dunne & Anor (Approved) [2023] IEHC 169: Jurisdictional Boundaries under Brussels Recast Introduction The case of Micks-Wallace v Dunne & Anor (Approved) ([2023] IEHC 169) was...

Gardaí Obligations in Intoxicated Driving Cases: An Analysis of Director of Public Prosecutions v Tobin [2023] IEHC 260

Date: Apr 1, 2023

Gardaí Obligations in Intoxicated Driving Cases: An Analysis of Director of Public Prosecutions v Tobin [2023] IEHC 260 Introduction The case of Director of Public Prosecutions v Tobin (Approved)...

Clarifying Specimen Provision Obligations in Road Traffic Law: High Court Upholds Conviction in Casserly v DPP

Date: Apr 1, 2023

Clarifying Specimen Provision Obligations in Road Traffic Law: High Court Upholds Conviction in Casserly v DPP Introduction The case of Casserly v The Director of Public Prosecutions (Approved)...