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  • Commentaries

Ireland Case Commentaries

Refusal of Leave to Appeal: Establishing Criteria for Supreme Court Review in Irish Jurisprudence

Refusal of Leave to Appeal: Establishing Criteria for Supreme Court Review in Irish Jurisprudence

Date: May 7, 2022
Refusal of Leave to Appeal: Establishing Criteria for Supreme Court Review in Irish Jurisprudence Introduction The case of Tucker v. A Judge of the Circuit Court ([2022] IESCDET 58) represents a...
Heffernan v Mater Private Hospital: Preservation of Practising Privileges under the 2020 Constitution

Heffernan v Mater Private Hospital: Preservation of Practising Privileges under the 2020 Constitution

Date: May 7, 2022
Heffernan v Mater Private Hospital: Preservation of Practising Privileges under the 2020 Constitution Introduction Heffernan v Mater Private Hospital (Approved) ([2022] IEHC 260) is a landmark case...
Supreme Court of Ireland Grants Direct Appeal in Save Cork City Community Association Clg v. An Bord Pleanála & Ors: Implications for EIA Screening Jurisdiction

Supreme Court of Ireland Grants Direct Appeal in Save Cork City Community Association Clg v. An Bord Pleanála & Ors: Implications for EIA Screening Jurisdiction

Date: May 6, 2022
Supreme Court of Ireland Grants Direct Appeal in Save Cork City Community Association Clg v. An Bord Pleanála & Ors: Implications for EIA Screening Jurisdiction Introduction The case of Save Cork...
Establishing the Independence of Public Prosecutions and Limits of Settlement Agreements: Murphy v Revenue Commissioner [2022] IEHC 228

Establishing the Independence of Public Prosecutions and Limits of Settlement Agreements: Murphy v Revenue Commissioner [2022] IEHC 228

Date: May 6, 2022
Establishing the Independence of Public Prosecutions and Limits of Settlement Agreements: Murphy v Revenue Commissioner [2022] IEHC 228 Introduction In the High Court of Ireland’s judgment delivered...
Affirming the Surrender under the European Arrest Warrant Act 2003: Insights from Minister for Justice and Equality v. Krimelis [2022] IEHC 384

Affirming the Surrender under the European Arrest Warrant Act 2003: Insights from Minister for Justice and Equality v. Krimelis [2022] IEHC 384

Date: May 6, 2022
Affirming the Surrender under the European Arrest Warrant Act 2003: Insights from Minister for Justice and Equality v. Krimelis [2022] IEHC 384 Introduction The case of Minister for Justice and...
Undue Influence and Non Est Factum in Mortgage Transactions: Analysis of Ross v Harper & Ors [2022] IEHC 255

Undue Influence and Non Est Factum in Mortgage Transactions: Analysis of Ross v Harper & Ors [2022] IEHC 255

Date: May 5, 2022
Undue Influence and Non Est Factum in Mortgage Transactions: Analysis of Ross v Harper & Ors [2022] IEHC 255 Introduction Ross v Harper & Ors (Approved) [2022] IEHC 255 is a significant judgment...
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]...
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...
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,...
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...
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