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  • Commentaries

Ireland Case Commentaries

Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions

Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions

Date: Mar 29, 2025
Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions Introduction In G.L. v The International Protection Appeals Tribunal &...
Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions

Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions

Date: Mar 29, 2025
Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions Introduction This commentary examines the High Court’s ruling in J....
Striking Out Vexatious Claims Under Order 19 Rule 28: A Comprehensive Analysis of the Judgment

Striking Out Vexatious Claims Under Order 19 Rule 28: A Comprehensive Analysis of the Judgment

Date: Mar 27, 2025
Striking Out Vexatious Claims Under Order 19 Rule 28: A Comprehensive Analysis of the Judgment Introduction This commentary provides an in‐depth review of the recent High Court judgment dismissing...
New Legal Principle: Fair Procedures Before Suspension in Visa Application Practice

New Legal Principle: Fair Procedures Before Suspension in Visa Application Practice

Date: Mar 27, 2025
New Legal Principle: Fair Procedures Before Suspension in Visa Application Practice Introduction The case of Cosgrove [Practising under the style and title of Aidan T Stapleton Solicitors] v Minister...
New Precedent on Procedural Integrity and Fairness in Probationary Extensions: A Commentary on Busher v Commissioner of An Garda Siochána & Ors ([2025] IEHC 173)

New Precedent on Procedural Integrity and Fairness in Probationary Extensions: A Commentary on Busher v Commissioner of An Garda Siochána & Ors ([2025] IEHC 173)

Date: Mar 27, 2025
New Precedent on Procedural Integrity and Fairness in Probationary Extensions Introduction The judgment in Busher v Commissioner of An Garda Síochána & Ors ([2025] IEHC 173) presents a detailed...
Judicial Review of Visa Applications: Affirming Ministerial Discretion under the 2015 Regulations

Judicial Review of Visa Applications: Affirming Ministerial Discretion under the 2015 Regulations

Date: Mar 26, 2025
Judicial Review of Visa Applications: Affirming Ministerial Discretion under the 2015 Regulations Introduction The judgment in S.K. v Minister for Justice (Approved) ([2025] IEHC 165) was delivered...
Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters

Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters

Date: Mar 26, 2025
Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters Introduction The High Court’s decision in Raidiό Teilifís Éireann v The Commissioner for...
New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act

New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act

Date: Mar 26, 2025
New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act Introduction The judgment in Minister for Justice v O'Kane ([2025] IEHC 167),...
New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims

New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims

Date: Mar 26, 2025
New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims Introduction The case of Minister for Justice v Mc Nicholl (Approved) ([2025] IEHC 166) before the High...
Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors

Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors

Date: Mar 26, 2025
Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors Introduction The case of Lynch v Director of Public Prosecutions & Ors ([2025] IEHC 159)...
The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge

The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge

Date: Mar 26, 2025
The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge Introduction The judgment in Grimes v Cork Circuit Court Judge & Anor (Approved)...
The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

Date: Mar 26, 2025
The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent Introduction The judgment in Doyle & Ors v An Bord Pleanala & Ors ([2025]...
Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Date: Mar 26, 2025
Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions Introduction Tracey v Commissioner of An Garda Síochána [2025] IEHC 234 was decided by the...
New Precedent on Residual Discretion and Feasibility in Capacity Auctions

New Precedent on Residual Discretion and Feasibility in Capacity Auctions

Date: Mar 26, 2025
New Precedent on Residual Discretion and Feasibility in Capacity Auctions Introduction This commentary examines the recent judgment in the twin actions, Kilshane Energy Ltd v EirGrid PLC & Others and...
Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Date: Mar 25, 2025
Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment Introduction This commentary examines the High Court decision in Leech & Anor v An...
Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Date: Mar 22, 2025
Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law Introduction The case of Thompson & Anor v An Bord Pleanala & Ors [No.4]...
Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Date: Mar 22, 2025
Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates Introduction In NUA Healthcare Services Ltd v Commissioner for Valuation; Redwood Extended Care Facility v Commissioner for...
Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Date: Mar 21, 2025
Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest Introduction The judgment in Sweetman v Environmental Protection Agency & Ors...
Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Date: Mar 21, 2025
Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law Introduction In the case of Protect East Meath Ltd v Meath County Council (Approved) [2025] IEHC...
New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

Date: Mar 21, 2025
New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance Introduction The case of L v Teaching Council (Approved) [2025] IEHC 155 before the High...
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