Ireland Case Commentaries

Establishing Procedural Clarity in Remediation Orders: Insights from Brownfield Restoration Ireland Ltd v Wicklow County Council

Date: Dec 3, 2022

Establishing Procedural Clarity in Remediation Orders: Insights from Brownfield Restoration Ireland Ltd v Wicklow County Council ([2022] IEHC 662) Introduction The case of Brownfield Restoration...

Affirming Vindicatory Damages: Irish Supreme Court Rejects Lumba Principle in False Imprisonment Cases

Date: Dec 3, 2022

Affirming Vindicatory Damages: Irish Supreme Court Rejects Lumba Principle in False Imprisonment Cases Introduction The case of G.E. v Commissioner of An Garda Síochána & Ors ([2022] IESC 51)...

A.Z. & Ors v The Minister for Justice: Establishing Precedents on Cost Allocation and Article 42A in Irish Deportation Law

Date: Dec 3, 2022

A.Z. & Ors v The Minister for Justice: Establishing Precedents on Cost Allocation and Article 42A in Irish Deportation Law Introduction A.Z. & Ors v The Minister for Justice (Approved) ([2022] IEHC...

Dismissal of Constitutional Challenge Under the Primor Principles in Darcy v Attorney General & Anor [2022] IEHC 673

Date: Dec 3, 2022

Dismissal of Constitutional Challenge Under the Primor Principles in Darcy v Attorney General & Anor [2022] IEHC 673 Introduction In the High Court of Ireland case Darcy v Attorney General & Anor...

Consent Orders for Apportioning Liability in Personal Injury Cases under s.343R(2) of the Social Welfare Act

Date: Dec 3, 2022

Consent Orders for Apportioning Liability in Personal Injury Cases under s.343R(2) of the Social Welfare Act Introduction The case of Jarmula v DSV Solutions Ltd (Approved) [2022] IEHC 674 was heard...

Baynes v Financial Services and Pensions Ombudsman: Implications for Extension of Complaint Time Limits

Date: Dec 3, 2022

Baynes v Financial Services and Pensions Ombudsman: Implications for Extension of Complaint Time Limits Introduction The case of Baynes & Anor v Financial Services and Pensions Ombudsman (Approved)...

Comprehensive Commentary on Director of Public Prosecutions v M.J. (Approved) [2022] IESC 50

Date: Dec 2, 2022

Supreme Court of Ireland Sets New Precedent on Re-sentencing in Historic Offence Cases Introduction The Supreme Court of Ireland, in the case of Director of Public Prosecutions v M.J. (Approved)...

Reconstruction of Objective Testing in Crimes of Violence: Earls v. Criminal Injuries Compensation Tribunal [2022] IEHC 679

Date: Dec 2, 2022

Reconstruction of Objective Testing in Crimes of Violence: Earls v. Criminal Injuries Compensation Tribunal [2022] IEHC 679 Introduction Earls v. Criminal Injuries Compensation Tribunal (Approved)...

A.F. v Feeney & Anor: High Court's Approach to Amendments in Medical Negligence Proceedings

Date: Dec 2, 2022

A.F. v Feeney & Anor: High Court's Approach to Amendments in Medical Negligence Proceedings Introduction The case of A.F. [A Minor] v Feeney & Anor (Approved) ([2022] IEHC 659) adjudicated by the...

Wilson v Leonardi & Anor (Approved) [2022] IEHC 670: Affirming the Legitimacy of Consent Terms in Personal Injury Settlements

Date: Dec 2, 2022

Wilson v Leonardi & Anor (Approved) [2022] IEHC 670: Affirming the Legitimacy of Consent Terms in Personal Injury Settlements Introduction The case of Wilson v Leonardi & Anor (Approved) ([2022] IEHC...

Reaffirming Document Preservation Obligations under Order 31 Rule 21: Hurley v Valero Energy [2022] IEHC 651

Date: Dec 1, 2022

Reaffirming Document Preservation Obligations under Order 31 Rule 21: Hurley v Valero Energy [2022] IEHC 651 Introduction The High Court of Ireland delivered its judgment on November 30, 2022, in the...

Timely Service of Third-Party Notices: Insights from Bowen v H & M Hennes & Mauritz [Ireland] Ltd [2022] IEHC 658

Date: Dec 1, 2022

Timely Service of Third-Party Notices: Insights from Bowen v H & M Hennes & Mauritz [Ireland] Ltd [2022] IEHC 658 Introduction Bowen v H & M Hennes & Mauritz [Ireland] Ltd (Approved) ([2022] IEHC...

Depreciation and Payroll Savings in Rateable Valuation: Insights from Iarnród Éireann v Commissioner for Valuation [2022] IEHC 668

Date: Dec 1, 2022

Depreciation and Payroll Savings in Rateable Valuation: Insights from Iarnród Éireann v Commissioner for Valuation [2022] IEHC 668 Introduction The High Court of Ireland, in the case of Iarnród...

Reaffirming Objective Contract Formation and Effective Term Incorporation in 'Battle of the Forms' Scenarios: Glanbia v E D & F Man Liquid Products Ireland Ltd [2022] IEHC 666

Date: Dec 1, 2022

Reaffirming Objective Contract Formation and Effective Term Incorporation in 'Battle of the Forms' Scenarios: Glanbia v E D & F Man Liquid Products Ireland Ltd [2022] IEHC 666 Introduction The case...

Credibility and Future Risk in Refugee Determinations: Insights from R.N. v IPAT [2022] IEHC 669

Date: Nov 30, 2022

Credibility and Future Risk in Refugee Determinations: Insights from R.N. v IPAT [2022] IEHC 669 Introduction The case of R.N. v The International Protection Appeals Tribunal & Anor (Approved)...

High Court of Ireland Sets Precedent on Transparency and Conflict of Interest in Liquidator Fees: Spencer Dock (In Liquidation) Case

Date: Nov 29, 2022

High Court of Ireland Sets Precedent on Transparency and Conflict of Interest in Liquidator Fees: Spencer Dock (In Liquidation) Case Introduction The case of Spencer Dock Development Company Limited...

Stanley v An Bord Pleanála (No. 2) (Approved): Clarifying the Adequacy of Reasons in Planning Decisions

Date: Nov 29, 2022

Stanley v An Bord Pleanála (No. 2) (Approved): Clarifying the Adequacy of Reasons in Planning Decisions Introduction Stanley v An Bord Pleanála (No. 2) (Approved) ([2022] IEHC 671) is a significant...

XYZ v MMN: Establishing Strict Consent Standards for International Child Relocation under the Hague Convention

Date: Nov 29, 2022

XYZ v MMN: Establishing Strict Consent Standards for International Child Relocation under the Hague Convention Introduction In the High Court of Ireland case XYZ v MMN (Approved) [2022] IEHC 688, the...

High Court Establishes Obligation for HSE to Provide Clinical Diagnosis in Assessments of Needs under Disability Act 2005

Date: Nov 29, 2022

High Court Establishes Obligation for HSE to Provide Clinical Diagnosis in Assessments of Needs under Disability Act 2005 Introduction The case of R.C. & Anor v Health Service Executive (Approved)...

Rigorous Standards for Procedural Timeliness in Defamation Cases: An Analysis of Shanley v ACC Loan Management Ltd [2022] IEHC 653

Date: Nov 29, 2022

Rigorous Standards for Procedural Timeliness in Defamation Cases: An Analysis of Shanley v ACC Loan Management Ltd [2022] IEHC 653 Introduction In the High Court of Ireland decision titled Shanley v...