Ireland Case Commentaries

Bank of Ireland v. Wales [2022] IEHC 433: Upholding Defendant’s Right to Defence Amid Procedural Delays and Interest Rate Calculations in Summary Debt Proceedings

Date: Jul 14, 2022

Bank of Ireland v. Wales [2022] IEHC 433: Upholding Defendant’s Right to Defence Amid Procedural Delays and Interest Rate Calculations in Summary Debt Proceedings Introduction The case of Bank of...

Balancing Discovery in Shareholder Oppression Claims: Insights from Graiguearidda v Companies Act 2014 ([2022] IEHC 432)

Date: Jul 14, 2022

Balancing Discovery in Shareholder Oppression Claims: Insights from Graiguearidda v Companies Act 2014 ([2022] IEHC 432) Introduction Graiguearidda Limited filed an application for discovery against...

First Application of Article 15 of the Hague Convention in Irish Jurisdiction: E.G. v. T.P.

Date: Jul 14, 2022

First Application of Article 15 of the Hague Convention in Irish Jurisdiction: E.G. v. T.P. Introduction The case of E.G. v. T.P. (2022_IESCDET_85) represents a landmark decision by the Supreme Court...

High Court Upholds IPAT's Decision in X.T. v. International Protection Appeals Tribunal: Reinforcing Standards on Reason-Giving in Refugee Claims

Date: Jul 13, 2022

High Court Upholds IPAT's Decision in X.T. v. International Protection Appeals Tribunal: Reinforcing Standards on Reason-Giving in Refugee Claims Introduction The case of X.T. v. International...

High Court Affirms Wardship Supremacy Over Limited Enduring Power of Attorney in Protecting Vulnerable Individuals

Date: Jul 13, 2022

High Court Affirms Wardship Supremacy Over Limited Enduring Power of Attorney in Protecting Vulnerable Individuals Introduction The case of In The Matter of Ms. AB ([2022] IEHC 448) adjudicated by...

Establishing Causation in Road Traffic Accidents with Pre-Existing Medical Conditions: The O'Dwyer v Silarups Precedent

Date: Jul 13, 2022

Establishing Causation in Road Traffic Accidents with Pre-Existing Medical Conditions: The O'Dwyer v Silarups Precedent Introduction The case of O'Dwyer v Silarups (Approved) ([2022] IEHC 450)...

Judicial Review of Indicative Road Routes: Hickwell Ltd v Meath County Council

Date: Jul 13, 2022

Judicial Review of Indicative Road Routes: Hickwell Ltd & Anor v Meath County Council ([2022] IEHC 418) Introduction The case of Hickwell Ltd & Anor v Meath County Council ([2022] IEHC 418) presents...

No Right to Elect Jury Trial in Specific Summary Offenses: Carroll v Judge Fahy & Anor (2022)

Date: Jul 12, 2022

No Right to Elect Jury Trial in Specific Summary Offenses: Carroll v Judge Fahy & Anor (2022) Introduction Carroll v Judge Fahy & Anor ([2022] IEHC 421) is a significant judicial review case...

High Court Establishes Criteria for In Camera Hearings in Probate Matters Involving Family Law Relationships

Date: Jul 12, 2022

High Court Establishes Criteria for In Camera Hearings in Probate Matters Involving Family Law Relationships Introduction The case of S.M. v S.L. (Approved) [2022] IEHC 449 adjudicated by the High...

Unreasonable Delay in Prosecuting Proceedings as Grounds for Vacating Lis Pendens: Sheeran v Buckley [2022] IEHC 400

Date: Jul 12, 2022

Unreasonable Delay in Prosecuting Proceedings as Grounds for Vacating Lis Pendens: Sheeran v Buckley [2022] IEHC 400 Introduction The case of Sheeran v Buckley (Approved) [2022] IEHC 400 addressed a...

Reaffirming the Conclusiveness of the Land Register in Interlocutory Injunctions: Insights from Macray Properties Ltd v Sheridan ([2022] IEHC 399)

Date: Jul 12, 2022

Reaffirming the Conclusiveness of the Land Register in Interlocutory Injunctions: Insights from Macray Properties Ltd v Sheridan ([2022] IEHC 399) Introduction Macray Properties Ltd v Sheridan...

Preservation of Presumption of Innocence in Juvenile Jurisdiction: Insights from Director of Public Prosecutions v O'F (Approved) [2022] IEHC 462

Date: Jul 12, 2022

Preservation of Presumption of Innocence in Juvenile Jurisdiction: Insights from Director of Public Prosecutions v O'F (Approved) [2022] IEHC 462 Introduction Director of Public Prosecutions v O'F...

Surrender of Damian Grams: Reinforcing Procedural Standards in European Arrest Warrant Applications

Date: Jul 9, 2022

Surrender of Damian Grams: Reinforcing Procedural Standards in European Arrest Warrant Applications Introduction The case of Minister for Justice & Equality v Grams (Approved) ([2022] IEHC 637)...

Landmark Judgment Reinforces Individual Assessment of Jurisdiction in Summary Trials

Date: Jul 9, 2022

Landmark Judgment Reinforces Individual Assessment of Jurisdiction in Summary Trials Introduction The cases of Corcoran v Director of Public Prosecutions, Doherty v Director of Public Prosecutions,...

Liability for Unusual Pedestrian Pathway Designs: Commentary on Keane v Donegal County Council [2022] IEHC 431

Date: Jul 9, 2022

Liability for Unusual Pedestrian Pathway Designs: Commentary on Keane v Donegal County Council [2022] IEHC 431 Introduction In the High Court decision of Keane v Donegal County Council ([2022] IEHC...

Timely Joinder of Third Parties Under the Civil Liability Act 1961: Insights from Avoncore Ltd T/A Douglas Village Shopping Centre & Anor v Leeson Motors Ltd & Ors (Approved) [2022] IEHC 415

Date: Jul 8, 2022

Timely Joinder of Third Parties Under the Civil Liability Act 1961: Insights from Avoncore Ltd T/A Douglas Village Shopping Centre & Anor v Leeson Motors Ltd & Ors (Approved) [2022] IEHC 415...

Alam v Minister for Justice: Establishing Rigorous Standards in Assessing Marriages of Convenience

Date: Jul 7, 2022

Alam v Minister for Justice: Establishing Rigorous Standards in Assessing Marriages of Convenience Introduction Alam & Anor v Minister for Justice & Equality (Approved) ([2022] IEHC 439) is a pivotal...

Caulfield v Gillen (2022): High Court Reinforces Standards for Dismissal on Grounds of Delay

Date: Jul 7, 2022

Caulfield v Gillen (2022): High Court Reinforces Standards for Dismissal on Grounds of Delay Introduction The case of Caulfield v Gillen ([2022] IEHC 414) was adjudicated by the High Court of Ireland...

High Court Rescinds Cross-Border Adjudication Due to Material Non-Disclosure: Best Idea v Kruuda [2022] IEHC 406

Date: Jul 7, 2022

High Court Rescinds Cross-Border Adjudication Due to Material Non-Disclosure: Best Idea v Kruuda [2022] IEHC 406 Introduction In the case of Oü Best Idea v Oliver Kruuda ([2022] IEHC 406), the High...

Clarifying Patient Liability under Section 52(3) of the Health Act 1970: HSE v Laya Healthcare Ltd

Date: Jul 7, 2022

Clarifying Patient Liability under Section 52(3) of the Health Act 1970: HSE v Laya Healthcare Ltd Introduction The High Court of Ireland delivered a significant judgment on July 6, 2022, in the case...