Ireland Case Commentaries

Receiver’s Unlawful Actions and Consumer Status in Mortgage Agreements: Analysis of Bank of Ireland Mortgage Bank v Hade & Anor [2022] IEHC 645

Date: Nov 26, 2022

Receiver’s Unlawful Actions and Consumer Status in Mortgage Agreements: Analysis of Bank of Ireland Mortgage Bank v Hade & Anor [2022] IEHC 645 Introduction The case of Bank of Ireland Mortgage Bank...

Supreme Court Grants Leave to Appeal in Delaney v. The Personal Injuries Assessment Board: Implications for Delegated Legislation and Judicial Independence

Date: Nov 26, 2022

Supreme Court Grants Leave to Appeal in Delaney v. The Personal Injuries Assessment Board: Implications for Delegated Legislation and Judicial Independence Introduction Delaney v. The Personal...

High Court Upholds 'Costs Follow the Event' Principle in Riordan v. Irish Financial Services Appeals Tribunal [2022] IEHC 655

Date: Nov 26, 2022

High Court Upholds 'Costs Follow the Event' Principle in Riordan v. Irish Financial Services Appeals Tribunal [2022] IEHC 655 Introduction The case of Riordan v. The Irish Financial Services Appeals...

Excusable Delay in Related Proceedings: Insights from O'Sullivan v Canada Life [2022] IEHC 657

Date: Nov 26, 2022

Excusable Delay in Related Proceedings: Insights from O'Sullivan v Canada Life [Ireland] Ltd & Ors; Sugrue & Anor v. Canada Life [Ireland] Ltd & Ors (Approved) ([2022] IEHC 657) Introduction The case...

High Court of Ireland Tightens Standards for 'Grave Risk' Defenses in International Child Abduction Cases

Date: Nov 26, 2022

High Court of Ireland Tightens Standards for 'Grave Risk' Defenses in International Child Abduction Cases Introduction The case of In re AB (A child) [2022] IEHC 627 before the High Court of Ireland...

Awarding of Costs in Privilege Determination Applications: High Court Sets Precedent

Date: Nov 25, 2022

Awarding of Costs in Privilege Determination Applications: High Court Sets Precedent Introduction The case of Corporate Enforcement Authority v Cumman Peile Na h-Eireann "Football Association of...

Clarifying the Application of the Razgar Test in Article 8 Claims: Insights from MK (Albania) v Minister for Justice & Equality [2022] IESC 48_4

Date: Nov 25, 2022

Clarifying the Application of the Razgar Test in Article 8 Claims: Insights from MK (Albania) v Minister for Justice & Equality [2022] IESC 48_4 Introduction The case of MK (Albania) v Minister for...

Reaffirming the 'Costs Follow the Event' Principle in O'Mahony v Start Mortgages DAC [2022] IEHC 647

Date: Nov 25, 2022

Reaffirming the 'Costs Follow the Event' Principle in O'Mahony v Start Mortgages DAC [2022] IEHC 647 Introduction The High Court of Ireland delivered a pivotal costs ruling in the case of O'Mahony v...

Supreme Court Clarifies Article 8 ECHR Rights and Procedural Safeguards for Unsettled Migrants in MK (Albania) v Minister for Justice & Equality [2022] IESC 48

Date: Nov 25, 2022

Supreme Court Clarifies Article 8 ECHR Rights and Procedural Safeguards for Unsettled Migrants MK (Albania) v Minister for Justice & Equality [2022] IESC 48 Introduction The case of MK (Albania) v...

MK (Albania) v Minister for Justice & Equality: Upholding the Integrity of Asylum Systems Over Unsettled Migrants' Privacy Rights

Date: Nov 25, 2022

MK (Albania) v Minister for Justice & Equality: Upholding the Integrity of Asylum Systems Over Unsettled Migrants' Privacy Rights Introduction MK (Albania) v Minister for Justice & Equality ([2022]...

Reaffirmation of the Carltona Principle in Asylum and Leave to Remain Decisions – ASA v Minister for Justice & Equality [2022] IESC 49

Date: Nov 25, 2022

Reaffirmation of the Carltona Principle in Asylum and Leave to Remain Decisions – ASA v Minister for Justice & Equality [2022] IESC 49 Introduction The case of ASA v Minister for Justice & Equality...

Proportionality in Deportation Decisions: Insights from MK (Albania) v Minister for Justice & Equality [2022] IESC 48

Date: Nov 25, 2022

Proportionality in Deportation Decisions: Insights from MK (Albania) v Minister for Justice & Equality [2022] IESC 48 Introduction The case of MK (Albania) v Minister for Justice & Equality ([2022]...

Reduction of Taxable Amount for VAT Purposes in Pharmaceutical Rebate Agreements: Commentary on The Revenue Commissioners v Novartis Ireland Ltd [2022] IEHC 642

Date: Nov 24, 2022

Reduction of Taxable Amount for VAT Purposes in Pharmaceutical Rebate Agreements: Commentary on The Revenue Commissioners v Novartis Ireland Ltd [2022] IEHC 642 Introduction The Revenue Commissioners...

Balancing Best Interests and Procedural Fairness: A Comprehensive Analysis of In The Matter of SOM, A Ward of Court [2022] IEHC 664

Date: Nov 24, 2022

Balancing Best Interests and Procedural Fairness: A Comprehensive Analysis of In The Matter of SOM, A Ward of Court [2022] IEHC 664 Introduction The case of In The Matter of SOM, A Ward of Court...

Proper Evaluation of Documentary Evidence in Refugee Protection Claims: Analysis of BBA & Ors v The International Protection Appeals Tribunal & Anor

Date: Nov 24, 2022

Proper Evaluation of Documentary Evidence in Refugee Protection Claims: Analysis of BBA & Ors v The International Protection Appeals Tribunal & Anor Introduction In the landmark case BBA & Ors v The...

Treasury Holdings (In Liquidation) v. Approved: Upholding Taxpayer Interests in Liquidator Remuneration

Date: Nov 24, 2022

Treasury Holdings (In Liquidation) v. Approved: Upholding Taxpayer Interests in Liquidator Remuneration Introduction The case of Treasury Holdings (In Liquidation) v. Approved ([2022] IEHC 643)...

Heaney v. An Bord Pleanála: Reinforcing Strict Time Limits for Judicial Review under the Planning and Development Act 2000

Date: Nov 23, 2022

Heaney v. An Bord Pleanála: Reinforcing Strict Time Limits for Judicial Review under the Planning and Development Act 2000 Introduction The case of Heaney v. An Bord Pleanála & Anor...

Dismissal of Proceedings on Grounds of Inordinate and Inexcusable Delay: Insights from Killeen v O'Sullivan [2022] IEHC 625

Date: Nov 23, 2022

Dismissal of Proceedings on Grounds of Inordinate and Inexcusable Delay: Insights from Killeen v O'Sullivan [2022] IEHC 625 Introduction The case of John Killeen v. Brian O'Sullivan & Anne Marie...

Order for Sale under Section 31 of the Land and Conveyancing Law Reform Act 2009: A Comprehensive Analysis of Allied Irish Banks Plc v Greene [Otherwise Kellie Byrne] & Anor ([2022] IEHC 626)

Date: Nov 23, 2022

Order for Sale under Section 31 of the Land and Conveyancing Law Reform Act 2009: A Comprehensive Analysis of Allied Irish Banks Plc v Greene [Otherwise Kellie Byrne] & Anor ([2022] IEHC 626...

Affirmation of Testamentary Capacity Despite Cognitive Impairment: The Estate of Margaret Stella O'Reilly [2022] IEHC 663

Date: Nov 22, 2022

Affirmation of Testamentary Capacity Despite Cognitive Impairment: The Estate of Margaret Stella O'Reilly [2022] IEHC 663 Introduction The High Court of Ireland delivered a significant judgment on...