Ireland Case Commentaries

Establishing Special Circumstances for Refusal of Security for Costs in the Presence of a Bona Fide Defence

Date: Nov 8, 2022

Establishing Special Circumstances for Refusal of Security for Costs in the Presence of a Bona Fide Defence Introduction The case of Fanflex Ltd v Bandan Properties LTD (Approved) ([2022] IEHC 739)...

Expansion of European Arrest Warrant Execution: High Court Clarifies Surrender Protocols in Minister for Justice and Equality v Arakas [2022] IEHC 676

Date: Nov 8, 2022

Expansion of European Arrest Warrant Execution: High Court Clarifies Surrender Protocols in Minister for Justice and Equality v Arakas [2022] IEHC 676 Introduction The case of Minister for Justice...

Duty of Care for Independent Contractors under the Safety, Health and Welfare at Work Act: McDermott v Teagasc

Date: Nov 5, 2022

Duty of Care for Independent Contractors under the Safety, Health and Welfare at Work Act: McDermott v Teagasc Introduction The case of Myles McDermott v Teagasc The Agricultural and Food Development...

Supreme Court of Ireland Establishes New Precedent on Employment Status and Taxation in Karshan Midlands Ltd T/A Dominos Pizza v. The Revenue Commissioners

Date: Nov 5, 2022

Supreme Court of Ireland Establishes New Precedent on Employment Status and Taxation in Karshan Midlands Ltd T/A Dominos Pizza v. The Revenue Commissioners Introduction The case of Karshan Midlands...

Supreme Court Refuses Leave to Appeal in Harty: Upholding Established Principles on Evidence Admissibility

Date: Nov 5, 2022

Supreme Court Refuses Leave to Appeal in Harty: Upholding Established Principles on Evidence Admissibility Introduction Director of Public Prosecutions v. Harty (2022 IESCDET 122) is a significant...

Interlocutory Injunctions in Receivership: McGirr & Anor v Everyday Finance DAC & Anor [2022] IEHC 612

Date: Nov 5, 2022

Interlocutory Injunctions in Receivership: McGirr & Anor v Everyday Finance DAC & Anor [2022] IEHC 612 Introduction McGirr & Anor v Everyday Finance DAC & Anor ([2022] IEHC 612) is a significant...

Procedural Flaws Do Not Necessarily Invalidate Immigration Decisions: Mooge & Anor v Minister for Justice [2022] IEHC 611

Date: Nov 5, 2022

Procedural Flaws Do Not Necessarily Invalidate Immigration Decisions: Mooge & Anor v Minister for Justice [2022] IEHC 611 Introduction The case of Mooge & Anor v Minister for Justice ([2022] IEHC...

Reinforcing Anti-Abuse of Process Principles: Kearney v Bank of Scotland PLC & Anor [2022] IEHC 605

Date: Nov 5, 2022

Reinforcing Anti-Abuse of Process Principles: Kearney v Bank of Scotland PLC & Anor [2022] IEHC 605 Introduction The case of Kearney v Bank of Scotland PLC & Patrick Horkan (Approved) ([2022] IEHC...

Validating Bankruptcy Summons: Insights from BW (Approved) [2022] IEHC 608

Date: Nov 5, 2022

Validating Bankruptcy Summons: Insights from BW (Approved) [2022] IEHC 608 Introduction The High Court of Ireland, in the case of BW (Approved) [2022] IEHC 608, addressed significant issues...

Affirming Fair Procedures in Asylum Credibility Assessments: K.B. v International Protection Appeals Tribunal [2022] IEHC 641

Date: Nov 5, 2022

Affirming Fair Procedures in Asylum Credibility Assessments: K.B. v International Protection Appeals Tribunal [2022] IEHC 641 Introduction The case of K.B. v The International Protection Appeals...

High Court Upholds Substitution and Possession Order in Start DAC v O'Mahony

Date: Nov 5, 2022

High Court Upholds Substitution and Possession Order in Start DAC v O'Mahony Introduction The case of Rosarie O'Mahony v Start Mortgages Designated Activity Company ([2022] IEHC 629) was adjudicated...

High Court Affirms Tribunal's Application of State Protection Standards in Subsidiary Protection Case: E.S. v IPAT & Anor [2022] IEHC 613

Date: Nov 5, 2022

High Court Affirms Tribunal's Application of State Protection Standards in Subsidiary Protection Case: E.S. v IPAT & Anor [2022] IEHC 613 Introduction The case of E.S. v International Protection...

Krikke & Ors v Barranafaddock Sustainable Electricity Limited: Affirmation of Section 50(2) in Planning Law

Date: Nov 4, 2022

Krikke & Ors v Barranafaddock Sustainable Electricity Limited: Affirmation of Section 50(2) in Planning Law Introduction The Supreme Court of Ireland, in the landmark case Krikke & Ors v...

Establishing Criteria for Leave to Appeal in Deportation Cases: Insights from M v Minister for Justice and Equality [2022] IEHC 675

Date: Nov 4, 2022

Establishing Criteria for Leave to Appeal in Deportation Cases: Insights from M v Minister for Justice and Equality [2022] IEHC 675 Introduction The case M v Minister for Justice and Equality [2022]...

Establishing the Doctrine of Dependent Relative Revocation in Irish Succession Law: Commentary on Coughlan Estate Judgment

Date: Nov 4, 2022

Establishing the Doctrine of Dependent Relative Revocation in Irish Succession Law: Commentary on Coughlan Estate Judgment Introduction The High Court of Ireland delivered a pivotal judgment on...

Supreme Court Defines Scope of s. 5 Planning Referrals and 'Unauthorized Development' in Wind Farm Case

Date: Nov 4, 2022

Supreme Court Defines Scope of s. 5 Planning Referrals and 'Unauthorized Development' in Wind Farm Case Introduction The case of Krikke & Ors v Barranafaddock Sustainable Electricity Limited ([2022]...

High Court Clarifies Use of Post-Valuation Date Data in Rateable Value Assessments under Valuation Act 2001

Date: Nov 3, 2022

High Court Clarifies Use of Post-Valuation Date Data in Rateable Value Assessments under Valuation Act 2001 Introduction In the landmark case of Coillte Teoranta v Commissioner for Valuation...

Supreme Court Reaffirms Strict Criteria for Leave to Appeal: Ken Fennell v. Hugh Corrigan

Date: Nov 3, 2022

Supreme Court Reaffirms Strict Criteria for Leave to Appeal: Ken Fennell v. Hugh Corrigan Introduction The Supreme Court of Ireland, in the case of Ken Fennell v. Hugh Corrigan ([2022] IESCDET 119),...

Legal Confirmation of Unlawful Killing Verdicts in Inquests: Analysis of Butterly v Cullinane & Ors [2022] IEHC 598

Date: Nov 3, 2022

Legal Confirmation of Unlawful Killing Verdicts in Inquests: Analysis of Butterly v Cullinane & Ors [2022] IEHC 598 Introduction The case of Eamonn Butterly v Cullinane & Ors ([2022] IEHC 598)...

Reasonable Delay During Arrest in the Context of Public Health Measures: Analysis of DPP v Smith [2022] IEHC 601

Date: Nov 3, 2022

Reasonable Delay During Arrest in the Context of Public Health Measures: Analysis of Director of Public Prosecutions v Smith [2022] IEHC 601 Introduction The case of Director of Public Prosecutions v...