Section 50 Non-Refoulement Is Not a Standalone “Ordinary JR” Decision: Upstream International Protection Decisions Fall Within the 28-Day, Substantial-Grounds Regime Case: TE v The International...
Late “fraud” amendments refused where vague, unexplained and potentially limitation-defeating; other clarificatory amendments allowed (Order 28 RSC) Case: Tolan v Mayo County Council [No. 1]...
Directing a Preliminary Issue on the Statute of Limitations Where “Fraud” Is Not Properly Pleaded Introduction In Tolan v Mayo County Council [No. 2] (Approved) [2026] IEHC 297, the High Court...
Stays for Refusal of Genetic Testing: Relevance-First and Heightened Materiality for Sensitive “Trio Exome” Evidence 1. Introduction C. (A Minor) v Health Service Executive (Approved) [2026] IEHC 234...
Section 38 Courts of Justice Act 1936 Appeals Are De Novo Where Oral Evidence Was Given (and “Re-hearing” in Supreme Court Practice Does Not Alter That) Case: O'Brien and Anor v Gill (Approved)...
Limits on Court-Ordered State Intervention in Foreign Hague Return Enforcement 1) Introduction In AB v An Taoiseach and Ors (Approved) [2026] IEHC 236, the High Court (Mr Justice Conleth Bradley)...
Split-Track GDPR Enforcement Appeals: Section 142 Is Fine-Only, With “Appeal on the Record” Review and Discretionary Fresh Evidence Under Sections 142 and 150 1. Introduction In LinkedIn Ireland...
Enforcement Notice Judicial Review Does Not Become a Merits Appeal: the Applicant Bears the Onus, Procedural “Elaboration” is Unworkable, and the Seven-Year Rule Operates as a Defence 1) Introduction...
Order 36, rule 5 RSC: Jury Trial as an Exceptional Direction and the Unsuitability of Hybrid Constitutional/ECHR Damages Actions 1. Introduction In Fox v The Director Of Public Prosecutions and Ors...
Firearms Act 1925 s 4A: Breach of Conditions Does Not Self-Nullify an Authorisation; Revocation of Firearm Certificates Requires Adequate Reasons 1) Introduction In O'Donnell v Superintendent For The...
Staged Consents Under the Dual-Consent Regime: No “Prematurity” Veto and No Automatic Importation of “AG” Zoning via Deemed Existing-Use Zoning Court: High Court of Ireland (Planning & Environment)...
Ex Gratia Admission Schemes: “Stricter Scrutiny” of Existing Financial Criteria Does Not Breach Article 40.1 Without Proof of Arbitrary Differential Treatment Case: Afzaly v The Minister For Justice...
Evidential Threshold for “Meaningful Family Life” in s.3(11) Deportation-Revocation Applications Introduction This commentary concerns J & Anor v The Minister for Justice (Rev1) [2026] IEHC 221, a...
Mixed-Cause Delay and Labour-Market Access for International Protection Applicants: Causal Attribution, Proportionate Extension, and No Francovich Liability 1. Introduction In LK v The International...
Exercise of Custody Under Articles 3 and 13 of the Hague Convention: Low Threshold, Distinct Burdens, and Resistance to “Non‑Exercise” Where Contact is Obstructed Case: U.V. v Y.Z. (Hague Convention,...
“Good Reason” as a Narrow Threshold for High Court Confirmation of Teaching Council Sanctions (s.44(5) Teaching Council Act 2001) Case: Teaching Council v Clancy (Approved) [2026] IEHC 265 Court:...
Leave for Judicial Review to Halt a Criminal Prosecution: Refused Where Appeal Is the Proper Remedy and Delay Is Unexplained Court: High Court (Judicial Review), Ireland Neutral citation: [2026] IEHC...
Credit-Limit Requests Do Not Cap an Unqualified “All Sums Due” Guarantee: Summary Judgment Where the Guarantee Is Clear and No Collateral Contract Is Shown 1) Introduction In SIG Trading [Ireland]...
Discovery in Cohabitation and Child Maintenance Proceedings: Financial Support from a New Partner to be Proved via Updated Affidavit of Means, Not Broad Messaging Discovery 1) Introduction In O.P. v...
Mandatory Interlocutory Access Orders Require Proper Pleading and Proof: Planning Permissions Do Not Create Private Rights of Way 1. Introduction Olive Green IMS Holdings Ltd v Carter and Anor...