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  • Commentaries

Ireland Case Commentaries

Setting the Threshold for Judicial Review Applications: Insights from Fitzgerald v. DPP [2021] IEHC 493

Setting the Threshold for Judicial Review Applications: Insights from Fitzgerald v. DPP [2021] IEHC 493

Date: Jul 3, 2021
Setting the Threshold for Judicial Review Applications: Insights from Fitzgerald v. Director of Public Prosecutions [2021] IEHC 493 Introduction In the High Court of Ireland case Fitzgerald v....
Credibility Assessments in International Protection: Insights from GMK v. International Protection Appeals Tribunal [2021] IEHC 467

Credibility Assessments in International Protection: Insights from GMK v. International Protection Appeals Tribunal [2021] IEHC 467

Date: Jul 3, 2021
Credibility Assessments in International Protection: Insights from GMK v. International Protection Appeals Tribunal [2021] IEHC 467 Introduction The case of GMK v. International Protection Appeals...
Integration of Derogation Licences and Public Participation: A Comprehensive Review of Hellfire Massy Residents Association v. An Bord Pleanala [2021] IEHC 424

Integration of Derogation Licences and Public Participation: A Comprehensive Review of Hellfire Massy Residents Association v. An Bord Pleanala [2021] IEHC 424

Date: Jul 3, 2021
Integration of Derogation Licences and Public Participation: A Comprehensive Review of Hellfire Massy Residents Association v. An Bord Pleanala [2021] IEHC 424 Introduction The case of Hellfire Massy...
Assessment of General Damages in Complex Personal Injury Cases: Insights from Gavigan v. Johnson Mooney and O'Brien [2021] IEHC 479

Assessment of General Damages in Complex Personal Injury Cases: Insights from Gavigan v. Johnson Mooney and O'Brien [2021] IEHC 479

Date: Jul 3, 2021
Assessment of General Damages in Complex Personal Injury Cases: Insights from Gavigan v. Johnson Mooney and O'Brien [2021] IEHC 479 Introduction The case of Norma Gavigan v. Johnson Mooney and...
Oviedo LTD v. Companies Acts 2014-2020: Establishing Precedents on Shareholder Oppression

Oviedo LTD v. Companies Acts 2014-2020: Establishing Precedents on Shareholder Oppression

Date: Jul 3, 2021
Oviedo LTD v. Companies Acts 2014-2020: Establishing Precedents on Shareholder Oppression Introduction The case of Oviedo LTD v. Companies Acts 2014-2020 (Approved) ([2021] IEHC 473) presented before...
Portakabin Ltd & Anor v. Google Ireland Ltd: Establishing the Scope of Norwich Pharmacal Orders in Defamation Cases

Portakabin Ltd & Anor v. Google Ireland Ltd: Establishing the Scope of Norwich Pharmacal Orders in Defamation Cases

Date: Jul 3, 2021
Portakabin Ltd & Anor v. Google Ireland Ltd: Establishing the Scope of Norwich Pharmacal Orders in Defamation Cases Introduction The case of Portakabin Limited and Portakabin (Ireland) Limited v....
Balancing Best Interests and Family Proximity in Ward of Court Placements: An Analysis of [2021] IEHC 465

Balancing Best Interests and Family Proximity in Ward of Court Placements: An Analysis of [2021] IEHC 465

Date: Jul 3, 2021
Balancing Best Interests and Family Proximity in Ward of Court Placements: An Analysis of [2021] IEHC 465 Introduction The case In the Matter Of CL Ward Of Court (Approved) ([2021] IEHC 465) was...
Baranya v. Rosderra Irish Meats Group Ltd: Establishing Standards for Protected Disclosures under the Protected Disclosures Act 2014

Baranya v. Rosderra Irish Meats Group Ltd: Establishing Standards for Protected Disclosures under the Protected Disclosures Act 2014

Date: Jul 3, 2021
Baranya v. Rosderra Irish Meats Group Ltd: Establishing Standards for Protected Disclosures under the Protected Disclosures Act 2014 Introduction Baranya v. Rosderra Irish Meats Group Ltd ([2021]...
Deemed Acts of Bankruptcy Amid Summons Challenges: Insights from Minister v. Wymes [2021] IESC 40

Deemed Acts of Bankruptcy Amid Summons Challenges: Insights from Minister v. Wymes [2021] IESC 40

Date: Jul 2, 2021
Deemed Acts of Bankruptcy Amid Summons Challenges: Insights from Minister v. Wymes [2021] IESC 40 Introduction The Supreme Court of Ireland delivered a landmark judgment in the case of The Minister...
Mandatory Clarity in Visa Decision Reasoning Affirmed in A.B. v Minister for Justice and Equality

Mandatory Clarity in Visa Decision Reasoning Affirmed in A.B. v Minister for Justice and Equality

Date: Jul 1, 2021
Mandatory Clarity in Visa Decision Reasoning Affirmed in A.B. v Minister for Justice and Equality Introduction In the High Court case A.B. v Minister for Justice and Equality ([2021] IEHC 439), the...
Byrne v. Johnston: High Court Upholds Duffy Test, Denies Consolidation of Related Proceedings

Byrne v. Johnston: High Court Upholds Duffy Test, Denies Consolidation of Related Proceedings

Date: Jul 1, 2021
Byrne v. Johnston: High Court Upholds Duffy Test, Denies Consolidation of Related Proceedings Introduction Case: Byrne v. Johnston T/A Grange Cross Medical Centre & Ors (Approved) [2021] IEHC 435...
Restrictive Approach to Joinder and Admission of Fresh Evidence in Section 160 Planning Cases: Insights from Revill v. Farrelly [2021] IEHC 437

Restrictive Approach to Joinder and Admission of Fresh Evidence in Section 160 Planning Cases: Insights from Revill v. Farrelly [2021] IEHC 437

Date: Jul 1, 2021
Restrictive Approach to Joinder and Admission of Fresh Evidence in Section 160 Planning Cases: Insights from Revill v. Farrelly [2021] IEHC 437 Introduction The case of Revill v. Farrelly ([2021]...
Refining the Scope of Further and Better Particulars: Insights from Cooney v KBC Bank Ireland PLC [2021] IEHC 436

Refining the Scope of Further and Better Particulars: Insights from Cooney v KBC Bank Ireland PLC [2021] IEHC 436

Date: Jul 1, 2021
Refining the Scope of Further and Better Particulars: Insights from Cooney v KBC Bank Ireland PLC [2021] IEHC 436 Introduction In the High Court of Ireland case Cooney & Anor v. KBC Bank Ireland PLC...
Proper Procedures for Probationary Period Extensions: Fahy v. Commissioner of An Garda Síochána [2021] IEHC 440

Proper Procedures for Probationary Period Extensions: Fahy v. Commissioner of An Garda Síochána [2021] IEHC 440

Date: Jul 1, 2021
Proper Procedures for Probationary Period Extensions: Fahy v. Commissioner of An Garda Síochána [2021] IEHC 440 Introduction The case of Fahy v. Commissioner of An Garda Síochána ([2021] IEHC 440)...
E, F, and Z v. Minister for Justice and Equality: Establishing the Imperative of Considering Mental Health in Immigration Decisions

E, F, and Z v. Minister for Justice and Equality: Establishing the Imperative of Considering Mental Health in Immigration Decisions

Date: Jul 1, 2021
E, F, and Z v. Minister for Justice and Equality: Establishing the Imperative of Considering Mental Health in Immigration Decisions Introduction The case of E, F, and Z v. Minister for Justice and...
Chambers v Rathcaled Developments LTD: High Court Upholds Validity of Amended Summons Despite Technical Deficiencies

Chambers v Rathcaled Developments LTD: High Court Upholds Validity of Amended Summons Despite Technical Deficiencies

Date: Jul 1, 2021
Chambers v Rathcaled Developments LTD: High Court Upholds Validity of Amended Summons Despite Technical Deficiencies Introduction In the case of Chambers v Rathcaled Developments LTD & Anor...
Locus Standi and Procedural Limits in Judicial Review: Shields v. Central Bank of Ireland [2021] IEHC 444

Locus Standi and Procedural Limits in Judicial Review: Shields v. Central Bank of Ireland [2021] IEHC 444

Date: Jul 1, 2021
Locus Standi and Procedural Limits in Judicial Review: Shields v. Central Bank of Ireland [2021] IEHC 444 Introduction Shields v. Central Bank of Ireland (Approved) [2021] IEHC 444 is a pivotal case...
Surrender Under the European Arrest Warrant Remains Permissible Without Truly Exceptional Circumstances: Insights from Minister for Justice v. Rajz

Surrender Under the European Arrest Warrant Remains Permissible Without Truly Exceptional Circumstances: Insights from Minister for Justice v. Rajz

Date: Jun 30, 2021
Surrender Under the European Arrest Warrant Remains Permissible Without Truly Exceptional Circumstances: Insights from Minister for Justice v. Rajz Introduction Minister for Justice v. Rajz...
Limits on Consent Court Orders in Personal Injury Nuisance Claims: Protecting Third-Party Interests

Limits on Consent Court Orders in Personal Injury Nuisance Claims: Protecting Third-Party Interests

Date: Jun 30, 2021
Limits on Consent Court Orders in Personal Injury Nuisance Claims: Protecting Third-Party Interests Introduction The case of Condon v Health Service Executive and Szwarc v. Hanford Commercial LTD T/A...
Reaffirming the Non-Transposition of Framework Decisions: Implications for European Arrest Warrants

Reaffirming the Non-Transposition of Framework Decisions: Implications for European Arrest Warrants

Date: Jun 29, 2021
Reaffirming the Non-Transposition of Framework Decisions: Implications for European Arrest Warrants Introduction In the case Minister for Justice and Equality v. Schweissing (Approved) ([2021] IEHC...
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