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  • Commentaries

Ireland Case Commentaries

Dublin III Default Provisions Affirmed: High Court Confirms Sweden as Responsible State in M v IPAT

Dublin III Default Provisions Affirmed: High Court Confirms Sweden as Responsible State in M v IPAT

Date: May 21, 2022
Dublin III Default Provisions Affirmed: High Court Confirms Sweden as Responsible State in M v IPAT Introduction The case of M v The International Protection Appeals Tribunal & Anor (Approved)...
Defining 'Housing Loan' for Construction Purposes: High Court's Decision in Hurley v Pepper Finance Corporation [2022] IEHC 299

Defining 'Housing Loan' for Construction Purposes: High Court's Decision in Hurley v Pepper Finance Corporation [2022] IEHC 299

Date: May 21, 2022
Defining 'Housing Loan' for Construction Purposes: High Court's Decision in Hurley v Pepper Finance Corporation [2022] IEHC 299 Introduction The High Court of Ireland delivered a pivotal judgment in...
High Court Establishes Strict Criteria for Interlocutory Injunctions in Tenancy Disputes: Cluid Housing Association & Ors v Whelans [2022] IEHC 302

High Court Establishes Strict Criteria for Interlocutory Injunctions in Tenancy Disputes: Cluid Housing Association & Ors v Whelans [2022] IEHC 302

Date: May 21, 2022
High Court Establishes Strict Criteria for Interlocutory Injunctions in Tenancy Disputes: Cluid Housing Association & Ors v Whelans [2022] IEHC 302 Introduction The case of Cluid Housing Association...
Limiting Discovery in Civil Litigation: Insights from Holmes v CJ Fallon UnLtd Company ([2022] IEHC 346)

Limiting Discovery in Civil Litigation: Insights from Holmes v CJ Fallon UnLtd Company ([2022] IEHC 346)

Date: May 21, 2022
Limiting Discovery in Civil Litigation: Insights from Holmes v CJ Fallon UnLtd Company ([2022] IEHC 346) Introduction The case of Fiona Holmes v C.J. Fallon Unlimited Company ([2022] IEHC 346) was...
Obligation to Provide Further Particulars in Civil Litigation: Insights from Bray Boxing Club Ltd & Anor v Wicklow County Council [2022] IEHC 297

Obligation to Provide Further Particulars in Civil Litigation: Insights from Bray Boxing Club Ltd & Anor v Wicklow County Council [2022] IEHC 297

Date: May 21, 2022
Obligation to Provide Further Particulars in Civil Litigation: Insights from Bray Boxing Club Ltd & Anor v Wicklow County Council (Approved) [2022] IEHC 297 Introduction The case of Bray Boxing Club...
High Court Affirms Structural Insurance Coverage for Defective Load-Bearing Structures

High Court Affirms Structural Insurance Coverage for Defective Load-Bearing Structures

Date: May 20, 2022
High Court Affirms Structural Insurance Coverage for Defective Load-Bearing Structures Introduction In the case of Lloyds Insurance Company SA v Financial Services and Pensions Ombudsman (Approved)...
High Court Establishes MIBI is Not Mandated as Fund of Last Resort: Insights from Melody v O'Connor & Molloy (2022)

High Court Establishes MIBI is Not Mandated as Fund of Last Resort: Insights from Melody v O'Connor & Molloy (2022)

Date: May 19, 2022
MIBI Not Mandated as Fund of Last Resort: Insights from Melody v O'Connor & Ors; Melody v. Molloy & Ors (2022) Introduction The case of Patrick Melody v James O'Connor, Daniel Kelly, and the Motor...
Stay of Criminal Prosecutions in Jenkins v Director of Public Prosecutions: A New EU Law Precedent

Stay of Criminal Prosecutions in Jenkins v Director of Public Prosecutions: A New EU Law Precedent

Date: May 19, 2022
Stay of Criminal Prosecutions in Jenkins v Director of Public Prosecutions: A New EU Law Precedent Introduction Jenkins v Director of Public Prosecutions & Ors (Approved) ([2022] IEHC 291) is a...
Nangle v Ryanair DAC: Establishing Duty of Care in Cabin Crew Safety

Nangle v Ryanair DAC: Establishing Duty of Care in Cabin Crew Safety

Date: May 18, 2022
Nangle v Ryanair DAC: Establishing Duty of Care in Cabin Crew Safety Introduction The case of Nangle v Ryanair DAC ([2022] IEHC 310) adjudicated by the High Court of Ireland on May 17, 2022, serves...
Undue Delay as a Barrier to Granting Leave to Appeal: Analysis of O’Brien v. Minister for Justice and Equality & Ors (2022)

Undue Delay as a Barrier to Granting Leave to Appeal: Analysis of O’Brien v. Minister for Justice and Equality & Ors (2022)

Date: May 17, 2022
Undue Delay as a Barrier to Granting Leave to Appeal: Analysis of O’Brien v. Minister for Justice and Equality & Ors (2022) Introduction The case of O’Brien v. Minister for Justice and Equality & Ors...
Z.K. v Minister for Justice & Equality & Ors: Establishing the Right to an Oral Hearing in Residency Revocations

Z.K. v Minister for Justice & Equality & Ors: Establishing the Right to an Oral Hearing in Residency Revocations

Date: May 17, 2022
Z.K. v Minister for Justice & Equality & Ors: Establishing the Right to an Oral Hearing in Residency Revocations Introduction In the High Court of Ireland's judgment dated May 16, 2022, the case of...
Strict Compliance with Paragraph 18 of Schedule 10 Confirmed: High Court Quashes Unlawful Council Board Appointments

Strict Compliance with Paragraph 18 of Schedule 10 Confirmed: High Court Quashes Unlawful Council Board Appointments

Date: May 17, 2022
Strict Compliance with Paragraph 18 of Schedule 10 Confirmed: High Court Quashes Unlawful Council Board Appointments Introduction The case of Farrelly v Kerry County Council & Anor (Approved) [2022]...
Supreme Court Grants Leave in Middelkamp v. Minister for Justice: Implications for Article 8 ECHR in Irish Immigration Law

Supreme Court Grants Leave in Middelkamp v. Minister for Justice: Implications for Article 8 ECHR in Irish Immigration Law

Date: May 17, 2022
Supreme Court Grants Leave in Middelkamp v. Minister for Justice: Implications for Article 8 ECHR in Irish Immigration Law Introduction Middelkamp v. Minister for Justice and Equality ([2022] IESCDET...
Ensuring Fairness in Asylum Proceedings: The Necessity of Oral Hearings in Credibility-Challenged Cases

Ensuring Fairness in Asylum Proceedings: The Necessity of Oral Hearings in Credibility-Challenged Cases

Date: May 14, 2022
Ensuring Fairness in Asylum Proceedings: The Necessity of Oral Hearings in Credibility-Challenged Cases Introduction The High Court of Ireland, in the case of T.B. v International Protection Appeals...
Enhancing the Application of Rebuttable Presumptions in Asylum Cases: Insights from M.Y. v International Protection Appeals Tribunal & Anor [2022] IEHC 345

Enhancing the Application of Rebuttable Presumptions in Asylum Cases: Insights from M.Y. v International Protection Appeals Tribunal & Anor [2022] IEHC 345

Date: May 14, 2022
Enhancing the Application of Rebuttable Presumptions in Asylum Cases: Insights from M.Y. v International Protection Appeals Tribunal & Anor [2022] IEHC 345 1. Introduction M.Y. v International...
Supreme Court Clarifies Criteria for Direct Appeals in Planning and Development Cases: Conway & Ors v. An Bord Pleanala & Ors; Clonres CLG [2022] IESCDET 71

Supreme Court Clarifies Criteria for Direct Appeals in Planning and Development Cases: Conway & Ors v. An Bord Pleanala & Ors; Clonres CLG [2022] IESCDET 71

Date: May 14, 2022
Supreme Court Clarifies Criteria for Direct Appeals in Planning and Development Cases: Conway & Ors v. An Bord Pleanala & Ors; Clonres CLG [2022] IESCDET 71 Introduction In the landmark case of...
High Court Clarifies Shareholder Limitations in Receivership Leasing under Companies Act 2014

High Court Clarifies Shareholder Limitations in Receivership Leasing under Companies Act 2014

Date: May 14, 2022
High Court Clarifies Shareholder Limitations in Receivership Leasing under Companies Act 2014 Introduction The case of Dan Morrissey [IRE] LTD v Companies Acts, 2014 (Approved) ([2022] IEHC 276)...
Discovery Procedures and Remittal Standards in Family Law: Insights from Q v Q [2022] IEHC 277

Discovery Procedures and Remittal Standards in Family Law: Insights from Q v Q [2022] IEHC 277

Date: May 13, 2022
Discovery Procedures and Remittal Standards in Family Law: Insights from Q v Q [2022] IEHC 277 Introduction The High Court of Ireland, in the landmark case Q v Q (Approved) [2022] IEHC 277, addressed...
Establishing the Limits of Receiver's Powers in Interlocutory Relief: Insights from Tyrrell v O'Connor & Anor [2022] IEHC 274

Establishing the Limits of Receiver's Powers in Interlocutory Relief: Insights from Tyrrell v O'Connor & Anor [2022] IEHC 274

Date: May 13, 2022
Establishing the Limits of Receiver's Powers in Interlocutory Relief: Insights from Tyrrell v O'Connor & Anor [2022] IEHC 274 Introduction The case of Tyrrell v O'Connor & Anor ([2022] IEHC 274)...
Establishing Judicial Review Timelines and Bias Considerations in Labor Law: Insights from McLoughlin v The Labour Court [2022] IEHC 283

Establishing Judicial Review Timelines and Bias Considerations in Labor Law: Insights from McLoughlin v The Labour Court [2022] IEHC 283

Date: May 13, 2022
Establishing Judicial Review Timelines and Bias Considerations in Labor Law: Insights from McLoughlin v The Labour Court [2022] IEHC 283 Introduction In the High Court of Ireland case McLoughlin v...
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