Ireland Case Commentaries

Workability Limits on Section 28(1B) “How” Statements and a Narrow, Substance-Based View of “De-zoning” in Development Plans

Date: May 9, 2026

Workability Limits on Section 28(1B) “How” Statements and a Narrow, Substance-Based View of “De-zoning” in Development Plans Case: MKN Properties Ltd & Anor v Fingal County Council (Approved) [2026]...

European Arrest Warrant: Updated Warrants, Section 20 Clarifications, and Case-Specific Medical Assurances as a Complete Answer to Articles 2–3 Risk

Date: May 9, 2026

European Arrest Warrant: Updated Warrants, Section 20 Clarifications, and Case-Specific Medical Assurances as a Complete Answer to Articles 2–3 Risk 1) Introduction In Minister for Justice v...

Planning Permission and “Car‑Free” Proposals: Workability and Enforceability as a Mandatory Planning Consideration

Date: May 9, 2026

Planning Permission and “Car‑Free” Proposals: Workability and Enforceability as a Mandatory Planning Consideration Case: Walsh v An Coismisiun Pleanala (Approved) | Citation: [2026] IEHC 286 | Court:...

Mandatory interlocutory pay/reinstatement relief is unavailable where the employee resigned and the dispute is governed by statutory employment remedies

Date: May 9, 2026

Mandatory interlocutory pay/reinstatement relief is unavailable where the employee resigned and the dispute is governed by statutory employment remedies Case: Murphy v ION Trading Ireland Ltd...

Employer Liability for Unassessed Manual-Handling Tasks and “Gross Carelessness” Contributory Negligence in a Kitchen Blender Injury

Date: May 9, 2026

Employer Liability for Unassessed Manual-Handling Tasks and “Gross Carelessness” Contributory Negligence in a Kitchen Blender Injury Case: Govers v Canurie Ltd trading as McGeoughs Bar and Restaurant...

Prosecution Purpose Must Be Clearly Established for EU‑Iceland Norway Agreement Surrender (and Can Be Cured by Section 20 Clarifications)

Date: May 7, 2026

Prosecution Purpose Must Be Clearly Established for EU‑Iceland Norway Agreement Surrender (and Can Be Cured by Section 20 Clarifications) 1. Introduction In Minister For Justice, Home Affairs and...

Mortgagee’s Summary Possession of Unregistered Land: Alleged Unlawful Receiver Entry and “Acquiesced” Occupation Do Not Amount to an Arguable Defence

Date: May 7, 2026

Mortgagee’s Summary Possession of Unregistered Land: Alleged Unlawful Receiver Entry and “Acquiesced” Occupation Do Not Amount to an Arguable Defence High Court of Ireland, Kenny and Ors v Fennell...

Bankruptcy Litigation Control: Exclusive Standing of the Official Assignee and the “Extremely Compelling Reasons” Threshold for Annulment

Date: May 2, 2026

Bankruptcy Litigation Control: Exclusive Standing of the Official Assignee and the “Extremely Compelling Reasons” Threshold for Annulment 1. Introduction Danske Bank A/S v Coyne and Anor (Approved)...

Costs Adjudication Reviews: “Error + Unjust” Threshold, Non-Formulaic Reasons, and Comparators as Residual Sense-Check

Date: May 2, 2026

Costs Adjudication Reviews: “Error + Unjust” Threshold, Non-Formulaic Reasons, and Comparators as Residual Sense-Check Case: BC [A Minor] v Health Service Executive (Approved) [2026] IEHC 283 Court:...

Cancellation of a Registered Charge Under Land Registry Rule 101 Requires the Registered Owner’s Concurrence (and Any Fair-Procedures Complaint May Be Neutralised by a De Novo Statutory Appeal)

Date: May 2, 2026

Cancellation of a Registered Charge Under Land Registry Rule 101 Requires the Registered Owner’s Concurrence (and Any Fair-Procedures Complaint May Be Neutralised by a De Novo Statutory Appeal) Case:...

Extensions of Time to Appeal: “Operative Mistake” and Arguable Grounds Required Where a Registered Purchaser’s Title Is Protected by Statutory Mortgagee-Sale Provisions

Date: May 2, 2026

Extensions of Time to Appeal: “Operative Mistake” and Arguable Grounds Required Where a Registered Purchaser’s Title Is Protected by Statutory Mortgagee-Sale Provisions Case: Regan v Heffernan...

Interlocutory Mandatory Injunctions and “Keep Open” Clauses: No Compulsion to Trade at a Loss Absent Exceptional Circumstances

Date: May 2, 2026

Interlocutory Mandatory Injunctions and “Keep Open” Clauses: No Compulsion to Trade at a Loss Absent Exceptional Circumstances 1) Introduction In Tesco Ireland Ltd v Multi-Home Retail Ltd [Trading as...

Subsequent Protection Applications (s. 22 IPA 2015): New Evidence Must Meaningfully Shift Prior Credibility and Risk Findings

Date: May 2, 2026

Subsequent Protection Applications (s. 22 IPA 2015): New Evidence Must Meaningfully Shift Prior Credibility and Risk Findings Case: Y.D. v The International Protection Appeals Tribunal and Ors...

Child’s objections may be upheld where return to the habitual residence is inseparable from unsafe caregiving conditions, and “grave risk” is established where no protective pathway exists

Date: May 2, 2026

Child’s objections may be upheld where return to the habitual residence is inseparable from unsafe caregiving conditions, and “grave risk” is established where no protective pathway exists Case: BA v...

Notice Parties Cannot Obtain Pre‑Emptive Aarhus “Not Prohibitively Expensive” Costs Protection When Defending Conceded Planning JR Grounds

Date: May 1, 2026

Notice Parties Cannot Obtain Pre‑Emptive Aarhus “Not Prohibitively Expensive” Costs Protection When Defending Conceded Planning JR Grounds 1) Introduction Glaister and Ors v An Coimisiun Pleanala...

Cross-Examination in Moot Judicial Review: Refusal Where Sought Solely to Litigate Costs

Date: May 1, 2026

Cross-Examination in Moot Judicial Review: Refusal Where Sought Solely to Litigate Costs Court: High Court of Ireland | Judge: Ms. Justice Siobhán Phelan | Citation: [2026] IEHC 272 | Date: 30 April...

Environmental Impact Assessment Must Not Euphemise a Predicted Business Closure: Quashing a Roads Act s.51 Approval for Material Error

Date: May 1, 2026

Environmental Impact Assessment Must Not Euphemise a Predicted Business Closure: Quashing a Roads Act s.51 Approval for Material Error 1. Introduction In Lissan Coal Company [Ireland] Ltd and Anor v...

Declaratory Immigration Permissions Must Accurately Record the Accrual Date of Turkish Association Agreement Rights

Date: May 1, 2026

Declaratory Immigration Permissions Must Accurately Record the Accrual Date of Turkish Association Agreement Rights Case: Ozek v Minister For Justice, Home Affairs and Migration (Approved) [2026]...

Early Access to “Specified Information”: Constitutional and Article 8 ECHR Requirements in Garda Vetting

Date: May 1, 2026

Early Access to “Specified Information”: Constitutional and Article 8 ECHR Requirements in Garda Vetting High Court (Ireland), [2026] IEHC 261, Barr J, 30 April 2026 Proceedings: Judicial review...

Renewal of Turkish Association Agreement Status in Ireland: IRP Cards Cannot Substitute for an “In-Date” Immigration Permission

Date: May 1, 2026

Renewal of Turkish Association Agreement Status in Ireland: IRP Cards Cannot Substitute for an “In-Date” Immigration Permission 1. Introduction In Ozkaya v Minister For Justice, Home Affairs and...