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  • Commentaries

Ireland Case Commentaries

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

Date: Mar 21, 2025
New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies Introduction The judgment in the case of GT v Minister for Justice & Anor [No.2]...
Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Date: Mar 21, 2025
Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings Introduction The judgment in Ambasaid Ltd & Anor v MBCC Foods [Ireland] (Approved) ([2025] IEHC 152)...
Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Date: Mar 15, 2025
Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018 Introduction This commentary examines the High Court of Ireland’s...
New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

Date: Mar 15, 2025
New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions Introduction The case of Minister for Justice v Orsolic (Approved) [2025] IEHC 169 before the...
Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Date: Mar 15, 2025
Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes Introduction The case of Verbenagrove Ltd v Evans & Anor ([2025] IEHC 151) before the...
New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders

New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders

Date: Mar 14, 2025
New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders Introduction The Supreme Court's decision in Director...
One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent

One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent

Date: Mar 14, 2025
One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent Introduction The judgment in Verbenagrove Ltd v Evans & Anor (Approved) [2025] IEHC 168 represents a significant...
Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors

Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors

Date: Mar 14, 2025
Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors 1. Introduction PP v...
“The First-Appearance Rule” & Narrow Construction of s.5(5):  A Comprehensive Commentary on Breban v. Catch Security Systems Ltd  [2025] IEHC 366

“The First-Appearance Rule” & Narrow Construction of s.5(5): A Comprehensive Commentary on Breban v. Catch Security Systems Ltd [2025] IEHC 366

Date: Mar 14, 2025
“The First-Appearance Rule” & Narrow Construction of s.5(5) Comprehensive Commentary on Breban v. Catch Security Systems Ltd [2025] IEHC 366 1. Introduction The High Court decision in Breban v. Catch...
Extended Anonymity for Juvenile Offenders: Ensuring Continuity of Protection Through Appeals

Extended Anonymity for Juvenile Offenders: Ensuring Continuity of Protection Through Appeals

Date: Mar 14, 2025
Extended Anonymity for Juvenile Offenders: Ensuring Continuity of Protection Through Appeals Introduction The landmark judgment in Director of Public Prosecutions v P.B. (Approved) [2025] IESC 12...
Strict Compliance with Contractually Agreed Notice Methods: Implications from Tenderbids Ltd v. Electrical Waste Management Ltd

Strict Compliance with Contractually Agreed Notice Methods: Implications from Tenderbids Ltd v. Electrical Waste Management Ltd

Date: Mar 14, 2025
Strict Compliance with Contractually Agreed Notice Methods: Implications from Tenderbids Ltd v. Electrical Waste Management Ltd Introduction The judgment in Tenderbids Ltd [Trading as Bastion] v...
Non-Proving Executors Without Immediate Standing in Ombudsman Complaints: A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman

Non-Proving Executors Without Immediate Standing in Ombudsman Complaints: A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman

Date: Mar 13, 2025
Non-Proving Executors Without Immediate Standing in Ombudsman Complaints A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman ([2025] IEHC 138) Introduction The judgment in...
New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions

New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions

Date: Mar 13, 2025
New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions Introduction This commentary examines the High Court’s decision in Kiernan v Financial Services and Pensions...
Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision

Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision

Date: Mar 13, 2025
Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision Introduction The case of Debenhams Retail Ireland Limited (in...
Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors

Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors

Date: Mar 13, 2025
Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors Introduction The case of Barrington & Anor -v-Attorney General...
Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act

Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act

Date: Mar 13, 2025
Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act Introduction The Judgment in Director of Public Prosecutions v JB; Director of Public Prosecutions v SM ([2025]...
Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals

Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals

Date: Mar 13, 2025
Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals Introduction The judgment in Clarke v Revenue ([2025] IEHC 182), delivered by Mr. Justice Cregan on 12 March...
Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28

Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28

Date: Mar 13, 2025
Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28 Introduction The judgment in Davey v Wallace & Anor ([2025] IEHC 146) presents a detailed examination of the...
Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170)

Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170)

Date: Mar 13, 2025
Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170) Introduction The case of Quinlan v Quinlan (Approved) ([2025] IEHC...
Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140

Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140

Date: Mar 13, 2025
Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140 Introduction The case of Guerin v O'Doherty represents a complex and multifaceted defamation...
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