Ireland Case Commentaries

Pauletti v Dunne: High Court Establishes Criteria for Culpable Delay in Prosecutions

Date: Dec 16, 2022

Pauletti v Dunne: High Court Establishes Criteria for Culpable Delay in Prosecutions Introduction In the case of Pauletti v Dunne & Anor (Approved) ([2022] IEHC 714), the High Court of Ireland...

Clarifying the Role of Issuing Judicial Authority in European Arrest Warrant Proceedings: Minister for Justice v Korte [2022] IEHC 702

Date: Dec 15, 2022

Clarifying the Role of Issuing Judicial Authority in European Arrest Warrant Proceedings: Minister for Justice v Korte [2022] IEHC 702 Introduction Minister for Justice v Korte ([2022] IEHC 702) is a...

Inherent Jurisdiction and Delay: Analysis of Daly & Anor v The Minister for Finance & Ors [2022] IEHC 701

Date: Dec 15, 2022

Inherent Jurisdiction and Delay: Analysis of Daly & Anor v The Minister for Finance & Ors [2022] IEHC 701 Introduction Daly & Anor v The Minister for Finance & Ors is a pivotal case adjudicated by...

Establishing Solicitor Accountability in Fraudulent Property Transfers: Insights from Gibson v O'Gorman [2022] IEHC 740

Date: Dec 15, 2022

Establishing Solicitor Accountability in Fraudulent Property Transfers: Insights from Gibson v O'Gorman [2022] IEHC 740 Introduction Gibson v O'Gorman Practising under the Title and Style of Kevin...

Judicial Review as a Remedy for Unfair Trial Proceedings: Insights from Director of Public Prosecutions v P.P. (Approved) [2022] IEHC 689

Date: Dec 15, 2022

Judicial Review as a Remedy for Unfair Trial Proceedings: Insights from Director of Public Prosecutions v P.P. (Approved) [2022] IEHC 689 Introduction The case of Director of Public Prosecutions v...

High Court of Ireland Establishes Clear Guidelines on Grave Risk and Child's Views in International Child Abduction Cases

Date: Dec 15, 2022

High Court of Ireland Establishes Clear Guidelines on Grave Risk and Child's Views in International Child Abduction Cases Introduction In the landmark case of J.K v L.E (Child Abduction: Grave Risk,...

Supreme Court Clarifies Criteria for Plaintiff Substitution in Corporate Litigation

Date: Dec 14, 2022

Supreme Court Clarifies Criteria for Plaintiff Substitution in Corporate Litigation Introduction The case of Eugene McCool v. Honeywell Controls Systems Limited (2022_IESCDET_135) presents a pivotal...

Procedural Fairness in Child Abuse Allegation Assessments: Insights from JPP v TUSLA [2022] IEHC 737

Date: Dec 14, 2022

Procedural Fairness in Child Abuse Allegation Assessments: Insights from JPP v TUSLA [2022] IEHC 737 Introduction The case of JPP v The Child and Family Agency & Ors (Approved) ([2022] IEHC 737)...

Cost Recovery in Bankruptcy Petitions: Insights from Howley v Lohan [2022] IEHC 694

Date: Dec 13, 2022

Cost Recovery in Bankruptcy Petitions: Insights from Howley v Lohan [2022] IEHC 694 Introduction The High Court of Ireland delivered a pivotal judgment in the case of Howley v Lohan (Approved)...

High Court Reinforces Supremacy of s.261A Environmental Obligations Over Prior s.261 Quarry Registrations

Date: Dec 13, 2022

High Court Reinforces Supremacy of s.261A Environmental Obligations Over Prior s.261 Quarry Registrations Introduction The case of Maguire T/A Frank Pratt & Sons & Ors v Meath County Council & Ors;...

Refining Judicial Review: High Court Sets New Precedents in Leave Procedures - Reid v An Bord Pleanala & Ors (Approved) ([2022] IEHC 687)

Date: Dec 10, 2022

Refining Judicial Review: High Court Sets New Precedents in Leave Procedures Introduction The case of Reid v An Bord Pleanála & Ors (Approved) ([2022] IEHC 687) presents a meticulously detailed...

High Court Establishes Disqualification Framework for Directors Breaching Restriction Declarations Under the Companies Act 2014: Kirby v Carroll (Approved)

Date: Dec 10, 2022

High Court Establishes Disqualification Framework for Directors Breaching Restriction Declarations Under the Companies Act 2014: Kirby v Carroll (Approved) Introduction In the landmark case of Kirby...

High Court of Ireland Refuses to Strike Out Skyscanner's Counterclaim in Ryanair v Skyscanner: Implications for Screen Scraping Litigation and Competition Law Defenses

Date: Dec 10, 2022

High Court of Ireland Refuses to Strike Out Skyscanner's Counterclaim in Ryanair v Skyscanner: Implications for Screen Scraping Litigation and Competition Law Defenses Introduction The case of...

Finality and Hierarchical Consistency in Planning Decisions: Insights from Killegland Estates Ltd v Meath County Council (No. 2)

Date: Dec 10, 2022

Finality and Hierarchical Consistency in Planning Decisions: Insights from Killegland Estates Ltd v Meath County Council (No. 2) Introduction The case of Killegland Estates Ltd v Meath County...

Letters of Demand in Receivership: Overstatement Does Not Invalidate Interlocutory Relief - O'Dwyer v Grogan [2022] IEHC 697

Date: Dec 9, 2022

Letters of Demand in Receivership: Overstatement Does Not Invalidate Interlocutory Relief Introduction In the High Court of Ireland case O'Dwyer v Grogan & Anor (Approved) ([2022] IEHC 697), the...

High Court Clarifies Creditor-Initiated Extensions under s.85A of Bankruptcy Act 1988 in Hintz v Hintz [2022] IEHC 681

Date: Dec 8, 2022

High Court Clarifies Creditor-Initiated Extensions under s.85A of Bankruptcy Act 1988 in Hintz v Hintz [2022] IEHC 681 Introduction The case of Hintz v Hintz ([2022] IEHC 681) adjudicated by the High...

Application of Personal Injury Guidelines in Valuing Multiple Injuries: McDonnell v Upton Food Ltd [2022] IEHC 680

Date: Dec 7, 2022

Application of Personal Injury Guidelines in Valuing Multiple Injuries: McDonnell v Upton Food Ltd [2022] IEHC 680 Introduction McDonnell v Upton Food Ltd ([2022] IEHC 680) is a significant case...

Striking Out Proceedings in McCann v McManus: Critical Examination of Fiduciary Obligations and Court Jurisdiction

Date: Dec 7, 2022

Striking Out Proceedings in McCann v McManus: Critical Examination of Fiduciary Obligations and Court Jurisdiction Introduction In the case of McCann & Anor v McManus & Ors (Approved) ([2022] IEHC...

Clarifying the Limits of Power of Sale and Constructive Notice in Farrell v Everyday Finance [2022] IEHC 698

Date: Dec 6, 2022

Clarifying the Limits of Power of Sale and Constructive Notice in Farrell v Everyday Finance Designated Activity Company [2022] IEHC 698 Introduction Farrell v Everyday Finance Designated Activity...

High Court Sets New Precedent on Norwich Pharmacal Orders in Social Media Defamation

Date: Dec 6, 2022

High Court Sets New Precedent on Norwich Pharmacal Orders in Social Media Defamation Introduction The High Court of Ireland delivered a landmark judgment on December 5, 2022, in the cases of Moore v...