Ireland Case Commentaries

Supreme Court Grants Leave to Appeal in Murphy v. Law Society of Ireland

Date: May 31, 2022

Supreme Court Grants Leave to Appeal in Murphy v. Law Society of Ireland Introduction The case of Murphy v. Law Society of Ireland ([2022] IESCDET 65) represents a significant moment in Irish legal...

Supreme Court of Ireland Grants Leave to Appeal in Enniskerry Alliance v. An Bord Pleanála: Establishing New Precedents on Costs Regimes in Environmental Planning Cases

Date: May 31, 2022

Supreme Court of Ireland Grants Leave to Appeal in Enniskerry Alliance v. An Bord Pleanála: Establishing New Precedents on Costs Regimes in Environmental Planning Cases Introduction The case of...

Enforcement of Negative Pledge Clauses in Receivership: Insights from O'Dwyer & Anor v Gillespie & Anor [2022] IEHC 350

Date: May 31, 2022

Enforcement of Negative Pledge Clauses in Receivership: Insights from O'Dwyer & Anor v Gillespie & Anor [2022] IEHC 350 Introduction The High Court of Ireland's decision in O'Dwyer & Anor v Gillespie...

Establishing Independence in Urgent Search Warrants: Insights from Director of Public Prosecutions v Behan [2022] IESC 23

Date: May 31, 2022

Establishing Independence in Urgent Search Warrants: Insights from Director of Public Prosecutions v Behan [2022] IESC 23 Introduction The case of Director of Public Prosecutions v Behan ([2022] IESC...

Affirming the Independence Requirement for Search Warrant Issuance: DPP v Behan [2022] IESC 23_1

Date: May 31, 2022

Affirming the Independence Requirement for Search Warrant Issuance: DPP v Behan [2022] IESC 23_1 Introduction The case of Director of Public Prosecutions v Behan (Approved) ([2022] IESC 23_1)...

Clarifying Ministerial Authority under Section 9(7) of the Planning and Development Act 2000: High Court Upholds Limits in Cork County Council v Minister for Housing

Date: May 28, 2022

Clarifying Ministerial Authority under Section 9(7) of the Planning and Development Act 2000: High Court Upholds Limits in Cork County Council v Minister for Housing Introduction The case of Cork...

Establishing Equitable Mortgage Rights under the Trustee Act 1893: Analysis of Promontoria Scariff DAC v Smith [2022] IEHC 555

Date: May 27, 2022

Establishing Equitable Mortgage Rights under the Trustee Act 1893: Analysis of Promontoria Scariff DAC v Smith [2022] IEHC 555 Introduction The case of Promontoria Scariff DAC v Smith ([2022] IEHC...

Clarifying Receivers' Powers in Mortgage Cases: Insights from Taite & Ors v Molloy & Anor [2022] IEHC 308

Date: May 27, 2022

Clarifying Receivers' Powers in Mortgage Cases: Insights from Taite & Ors v Molloy & Anor [2022] IEHC 308 Introduction The case of Taite & Ors v Molloy & Anor ([2022] IEHC 308) adjudicated by the...

Capitalizing Patronage Shares: Insights from The Revenue Commissioners v Walsh (Approved) (Rev1) [2022] IEHC 305

Date: May 27, 2022

Capitalizing Patronage Shares: Insights from The Revenue Commissioners v Walsh (Approved) (Rev1) [2022] IEHC 305 Introduction The case of The Revenue Commissioners v Walsh (Approved) (Rev1) ([2022]...

Authorization of Adoption Without Natural Parent's Consent under Section 54(2) of the Adoption Act 2010: Child & Family Agency v. Adoption Authority of Ireland [2022] IEHC 304

Date: May 26, 2022

Authorization of Adoption Without Natural Parent's Consent under Section 54(2) of the Adoption Act 2010: Child & Family Agency v. Adoption Authority of Ireland [2022] IEHC 304 Introduction The case...

Tyrrell & Anor v Mulligan: High Court's Analysis of Interlocutory Injunctions and Burden of Proof in Receivership Proceedings

Date: May 26, 2022

Tyrrell & Anor v Mulligan: High Court's Analysis of Interlocutory Injunctions and Burden of Proof in Receivership Proceedings Introduction In the case of Tyrrell & Anor v Mulligan ([2022] IEHC 311),...

Comprehensive Commentary on Barrett v Commissioner of An Garda Síochána & Anor [2022] IEHC 309

Date: May 26, 2022

Discovery Procedures in Public Sector Litigation: Insights from Barrett v Commissioner of An Garda Síochána & Anor [2022] IEHC 309 Introduction Barrett v Commissioner of An Garda Síochána & Anor...

Inspection Rights in Mortgage Successorship: Farrell v Everyday Finance DAC ([2022] IEHC 303)

Date: May 25, 2022

Inspection Rights in Mortgage Successorship: Farrell v Everyday Finance DAC ([2022] IEHC 303) Introduction The case of Farrell v Everyday Finance DAC ([2022] IEHC 303) addresses significant issues...

Defining 'Damage' in Business Interruption Insurance: Insights from Coachhouse Catering LTD v. Frost Insurance LTD

Date: May 25, 2022

Defining 'Damage' in Business Interruption Insurance: Insights from Coachhouse Catering LTD v. Frost Insurance LTD Introduction The case of Coachhouse Catering LTD T/A The Old Imperial Hotel v Frost...

Reaffirmation of Strict Enforcement of Committal Warrants: Insights from Zilinkskas v Governor of Mountjoy Prison & Anor ([2022] IEHC 521)

Date: May 25, 2022

Reaffirmation of Strict Enforcement of Committal Warrants: Insights from Zilinkskas v Governor of Mountjoy Prison & Anor ([2022] IEHC 521) Introduction The case of Zilinkskas v Governor of Mountjoy...

Intention in Sexual Assault: Landmark Ruling by the Supreme Court of Ireland

Date: May 24, 2022

Intention in Sexual Assault: Landmark Ruling by the Supreme Court of Ireland Introduction The Supreme Court of Ireland delivered a pivotal judgment in The People (Director of Public Prosecutions) v...

Redefining Sexual Assault: Supreme Court of Ireland's Landmark Decision in The People vs FN

Date: May 24, 2022

Redefining Sexual Assault: Supreme Court of Ireland's Landmark Decision in The People v FN Introduction The Supreme Court of Ireland delivered a pivotal judgment in The People (Director of Public...

Striking Out Frivolous and Vexatious Claims: Mullins v Ireland & Ors [2022] IEHC 296

Date: May 21, 2022

Striking Out Frivolous and Vexatious Claims: Mullins v Ireland & Ors [2022] IEHC 296 Introduction The case Mullins v Ireland & Ors (Approved) [2022] IEHC 296 was adjudicated by the High Court of...

Establishing Grounds for Dismissal of Claims Due to Inordinate Delay: McCann v Smurfit [2022] IEHC 300

Date: May 21, 2022

Establishing Grounds for Dismissal of Claims Due to Inordinate Delay: McCann v Smurfit [2022] IEHC 300 Introduction McCann v Smurfit is a pivotal judgment delivered by Mr. Justice Allen of the High...

Dublin III Default Provisions Affirmed: High Court Confirms Sweden as Responsible State in M v IPAT

Date: May 21, 2022

Dublin III Default Provisions Affirmed: High Court Confirms Sweden as Responsible State in M v IPAT Introduction The case of M v The International Protection Appeals Tribunal & Anor (Approved)...