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  • Commentaries

Ireland Case Commentaries

Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews

Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews

Date: Apr 5, 2025
Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews: Exceptional Public Importance and Public Interest Introduction In Eco Advocacy CLG v An Bord Pleanála ([2025]...
Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews

Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews

Date: Apr 4, 2025
Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews Introduction The decision in Stapleton v An Bord Pleanála & Ors (Approved) [2025] IEHC 178...
Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent

Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent

Date: Apr 4, 2025
Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent Introduction The case of McKeown v Minister for Defence & Ors ([2025] IEHC 177) brings forward a...
Termination Notice in Pension Deeds: Implications for Employer Termination and the Limits of Implied Terms

Termination Notice in Pension Deeds: Implications for Employer Termination and the Limits of Implied Terms

Date: Apr 4, 2025
Termination Notice in Pension Deeds: Implications for Employer Termination and the Limits of Implied Terms Introduction This commentary provides an in‐depth analysis of the recent judgment concerning...
Extinction of Mortgagee’s Enforcement Rights: Philpott & Anor v Pepper Finance

Extinction of Mortgagee’s Enforcement Rights: Philpott & Anor v Pepper Finance

Date: Apr 4, 2025
Extinction of Mortgagee’s Enforcement Rights: Philpott & Anor v Pepper Finance Introduction This commentary reviews the High Court of Ireland’s decision in Philpott & Anor v Pepper Finance...
Clarifying Data Controller Status under GDPR for Unauthorized Personal Use of Work Devices

Clarifying Data Controller Status under GDPR for Unauthorized Personal Use of Work Devices

Date: Apr 4, 2025
Clarifying Data Controller Status under GDPR for Unauthorized Personal Use of Work Devices Introduction McShane v Data Protection Commission ([2025] IEHC 191) concerns a judicial review challenge by...
Inherent Jurisdiction to Authorise Cross-Border Transfer of Adults Lacking Capacity for Specialist Care

Inherent Jurisdiction to Authorise Cross-Border Transfer of Adults Lacking Capacity for Specialist Care

Date: Apr 4, 2025
Inherent Jurisdiction to Authorise Cross-Border Transfer of Adults Lacking Capacity for Specialist Care Introduction This commentary examines the High Court of Ireland’s ex tempore ruling in “In the...
Exclusion of Terminal Capacity Planning Conditions as Article 6 Constraints in EU Slot Regulation Coordination Parameters

Exclusion of Terminal Capacity Planning Conditions as Article 6 Constraints in EU Slot Regulation Coordination Parameters

Date: Apr 3, 2025
Exclusion of Terminal Capacity Planning Conditions as Article 6 Constraints in EU Slot Regulation Coordination Parameters Introduction Aer Lingus Ltd & Ors v Irish Aviation Authority ([2025] IEHC...
Penalty Clauses and Surcharge Interest: Genuine Pre-Estimate Requirement Reinforced

Penalty Clauses and Surcharge Interest: Genuine Pre-Estimate Requirement Reinforced

Date: Apr 3, 2025
Penalty Clauses and Surcharge Interest: Genuine Pre-Estimate Requirement Reinforced Introduction This commentary examines the High Court decision in Governor and Company of the Bank of Ireland v...
Balancing Procedural Compliance and Access to Justice: Clarifying the “Interests of Justice” Test for Extension of Time under Order 27 Rule 9

Balancing Procedural Compliance and Access to Justice: Clarifying the “Interests of Justice” Test for Extension of Time under Order 27 Rule 9

Date: Apr 2, 2025
Balancing Procedural Compliance and Access to Justice: Clarifying the “Interests of Justice” Test for Extension of Time under Order 27 Rule 9 Introduction The High Court’s decision in Nowak v Courts...
Forgery of Bank Sanction Letter Nullifies Enforcement Rights: Interlocutory Restraint on Sale Pending Trial

Forgery of Bank Sanction Letter Nullifies Enforcement Rights: Interlocutory Restraint on Sale Pending Trial

Date: Apr 2, 2025
Forgery of Bank Sanction Letter Nullifies Enforcement Rights: Interlocutory Restraint on Sale Pending Trial Introduction This commentary examines the High Court of Ireland’s decision in McGuinness v...
Delayed-Onset Injury Causation in Workplace Rescuer Liability: Keane v Johnson & Johnson Vision Care

Delayed-Onset Injury Causation in Workplace Rescuer Liability: Keane v Johnson & Johnson Vision Care

Date: Apr 2, 2025
Delayed-Onset Injury Causation in Workplace Rescuer Liability: Keane v Johnson & Johnson Vision Care Introduction This commentary examines the High Court of Ireland’s decision in Keane v Johnson &...
Simultaneous Trials for Overlapping Defamation Claims: Consolidation to Avoid Duplication and Inconsistency

Simultaneous Trials for Overlapping Defamation Claims: Consolidation to Avoid Duplication and Inconsistency

Date: Apr 2, 2025
Simultaneous Trials for Overlapping Defamation Claims: Consolidation to Avoid Duplication and Inconsistency Introduction This commentary examines the High Court’s decision in Tracey –v-Irish Times...
Clarifying Costs Discretion and Judicial Jurisdiction:  Corcoran v Eassda Group Ltd & Ors [2025] IEHC 359

Clarifying Costs Discretion and Judicial Jurisdiction: Corcoran v Eassda Group Ltd & Ors [2025] IEHC 359

Date: Apr 2, 2025
Clarifying Costs Discretion and Judicial Jurisdiction under Irish Law Commentary on Corcoran v Eassda Group Ltd & Ors & connected actions [2025] IEHC 359 Introduction The High Court decision of Mr...
New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions

New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions

Date: Apr 1, 2025
New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions Introduction The case of Foran v An Bord Pleanala & Ors ([2025] IEHC 175) marks a significant...
Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT

Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT

Date: Mar 29, 2025
Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT Introduction This commentary examines the High Court of Ireland’s...
No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015

No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015

Date: Mar 29, 2025
No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015 Introduction This commentary examines the High Court’s decision in GT v International Protection Appeals Tribunal...
Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals

Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals

Date: Mar 29, 2025
Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals Introduction In Y.X. v The International Protection Appeals Tribunal & Anor ([2025]...
Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions

Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions

Date: Mar 29, 2025
Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions Introduction This commentary addresses the High Court of Ireland’s ruling in A.S. v The International...
Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals

Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals

Date: Mar 29, 2025
Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals Introduction This commentary examines the High Court’s decision in Igweze & Ors v Dundalk Institute of Technology...
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