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  • Commentaries

Ireland Case Commentaries

Conditional Purchase Options and Unlawful Occupancy: Analysis of Kirby v. Express Bus Ltd [2021] IEHC 334

Conditional Purchase Options and Unlawful Occupancy: Analysis of Kirby v. Express Bus Ltd [2021] IEHC 334

Date: May 15, 2021
Conditional Purchase Options and Unlawful Occupancy: Analysis of Kirby v. Express Bus Ltd [2021] IEHC 334 Introduction Kirby v. Express Bus Ltd ([2021] IEHC 334) is a landmark case adjudicated by the...
Limits on Renewal of Summons: Inadvertence Does Not Constitute Special Circumstances in Personal Injury Claims - Nolan v Trustees Of Bridge United AFC & Anor [2021] IEHC 335

Limits on Renewal of Summons: Inadvertence Does Not Constitute Special Circumstances in Personal Injury Claims - Nolan v Trustees Of Bridge United AFC & Anor [2021] IEHC 335

Date: May 15, 2021
Limits on Renewal of Summons: Inadvertence Does Not Constitute Special Circumstances in Personal Injury Claims Nolan v. Trustees Of Bridge United AFC & Anor [2021] IEHC 335 Introduction Nolan v....
Limits of Inherent Jurisdiction in Civil Litigation: Irish Bank Resolution Corporation Ltd v Fingleton [2021] IEHC 372

Limits of Inherent Jurisdiction in Civil Litigation: Irish Bank Resolution Corporation Ltd v Fingleton [2021] IEHC 372

Date: May 15, 2021
Limits of Inherent Jurisdiction in Civil Litigation: Irish Bank Resolution Corporation Ltd v Fingleton [2021] IEHC 372 Introduction The case Irish Bank Resolution Corporation Limited v Michael P....
BM v. DPP: Upholding the Discretion of the Director of Public Prosecutions in Recharging Decisions

BM v. DPP: Upholding the Discretion of the Director of Public Prosecutions in Recharging Decisions

Date: May 15, 2021
BM v. Director of Public Prosecutions (DPP): Upholding the Discretion of the DPP in Recharging Decisions Introduction BM v. The Director of Public Prosecutions (Approved) [2021] IEHC 332 is a pivotal...
Reinterpreting Section 115: The Discretion of Courts in Approving Personal Insolvency Arrangements – Commentary on Kirwan v. Personal Insolvency Acts 2021-2015

Reinterpreting Section 115: The Discretion of Courts in Approving Personal Insolvency Arrangements – Commentary on Kirwan v. Personal Insolvency Acts 2021-2015

Date: May 14, 2021
Reinterpreting Section 115: The Discretion of Courts in Approving Personal Insolvency Arrangements – Commentary on Kirwan v. Personal Insolvency Acts 2021-2015 Introduction Kirwan v. Personal...
GC v. Governor of Cork Prison: High Court Clarifies Jurisdictional Limits in Mental Health Detentions

GC v. Governor of Cork Prison: High Court Clarifies Jurisdictional Limits in Mental Health Detentions

Date: May 14, 2021
GC v. Governor of Cork Prison: High Court Clarifies Jurisdictional Limits in Mental Health Detentions Introduction The case GC v. Governor of Cork Prison (Approved) [2021] IEHC 563 was adjudicated by...
Enhancing Credibility Assessments in Asylum Claims: Insights from EH v. The International Protection Appeals Tribunal & Anor [2021] IEHC 367

Enhancing Credibility Assessments in Asylum Claims: Insights from EH v. The International Protection Appeals Tribunal & Anor [2021] IEHC 367

Date: May 14, 2021
Enhancing Credibility Assessments in Asylum Claims: Insights from EH v. The International Protection Appeals Tribunal & Anor [2021] IEHC 367 Introduction The High Court of Ireland rendered a...
DH v. KC (Approved) [2021] IEHC 579: Establishing Precedents in Child Relocation Cases

DH v. KC (Approved) [2021] IEHC 579: Establishing Precedents in Child Relocation Cases

Date: May 14, 2021
DH v. KC (Approved) [2021] IEHC 579: Establishing Precedents in Child Relocation Cases Introduction DH v. KC ([2021] IEHC 579) is a landmark judgment delivered by Mr. Justice Jordan of the High Court...
Application of Cost Rules in Judicial Review Proceedings: Insights from McGovern v. The Chief Appeals Officer [2021] IEHC 325

Application of Cost Rules in Judicial Review Proceedings: Insights from McGovern v. The Chief Appeals Officer [2021] IEHC 325

Date: May 13, 2021
Application of Cost Rules in Judicial Review Proceedings: Insights from McGovern v. The Chief Appeals Officer [2021] IEHC 325 Introduction McGovern v. The Chief Appeals Officer & Ors (Approved)...
High Court Refines Interpretation of European Arrest Warrant Surrender Conditions under s.10(d) of the EAW Act 2003

High Court Refines Interpretation of European Arrest Warrant Surrender Conditions under s.10(d) of the EAW Act 2003

Date: May 13, 2021
High Court Refines Interpretation of European Arrest Warrant Surrender Conditions under s.10(d) of the EAW Act 2003 Introduction In the landmark case of Minister for Justice & Equality v. Gustas...
Grace v Hendrick: Court Affirms Inherent Jurisdiction to Mandate Disclosure of Religious Congregation Members in Vicarious Liability Claims

Grace v Hendrick: Court Affirms Inherent Jurisdiction to Mandate Disclosure of Religious Congregation Members in Vicarious Liability Claims

Date: May 12, 2021
Grace v. Hendrick & Anor: Affirming Inherent Jurisdiction for Disclosure in Vicarious Liability within Religious Congregations Introduction Case Overview Grace v. Hendrick & Anor (Approved) ([2021]...
Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications

Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications

Date: May 12, 2021
Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications Introduction Pepper Finance v. Murray ([2021] IESCDET 53) is a significant Supreme Court of Ireland decision...
Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32

Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32

Date: May 12, 2021
Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32 Introduction The case of H & anor v. The Minister for...
Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352

Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352

Date: May 12, 2021
Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352 Introduction The High Court of Ireland, in the judgment of Mr Justice Max Barrett...
Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána

Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána

Date: May 12, 2021
Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána Introduction Murphy v. The Commissioner of An Garda Síochána ([2021] IEHC 354) is a landmark case...
Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins

Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins

Date: May 12, 2021
Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins Introduction Ulster Bank v. Collins ([2021] IESCDET 54) is a pivotal case in the Supreme Court of...
Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286

Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286

Date: May 12, 2021
Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286 Introduction The case of Start Mortgages DAC v. Keating & Anor...
Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals

Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals

Date: May 11, 2021
Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals Introduction The case of KBC Bank Ireland PLC v. Brennan ([2021] IESCDET...
Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala

Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala

Date: May 11, 2021
Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala Introduction The case of Waltham Abbey Residents Association v. An Bord Pleanala & Ors...
Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors

Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors

Date: May 11, 2021
Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors Introduction A v. Hickey & Ors (Approved) ([2021] IEHC 318) is a landmark judgment...
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