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  • Commentaries

Ireland Case Commentaries

Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent

Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent

Date: Mar 12, 2025
Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent Introduction This commentary examines the recent High Court decision in Ballymore...
Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery

Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery

Date: Mar 12, 2025
Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery 1. Introduction Keane v. Clerk of the Dáil...
Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations

Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations

Date: Mar 11, 2025
Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations Introduction The High Court of Ireland, in P.P. v International Protection Appeals Tribunal & Anor, V.S. v. International...
Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland

Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland

Date: Mar 11, 2025
Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland 1. Introduction The High Court of Ireland’s decision in Naughton v Governor and Company of the Bank of...
“Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd”

“Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd”

Date: Mar 11, 2025
Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd 1. Introduction In the recent High Court decision of Mulhall v. Allergan Ltd...
New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions

New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions

Date: Mar 11, 2025
New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions Introduction The judgment in MA v Minister for Justice ([2025] IEHC 135)...
Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent

Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent

Date: Mar 11, 2025
Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent Introduction The High Court decision in Mallon v Minister for Justice & Ors ([2025]...
Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction

Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction

Date: Mar 11, 2025
Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction Introduction The judgment in G.T. v Minister for Justice & Anor ([2025] IEHC 133) deals with an...
New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions

New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions

Date: Mar 11, 2025
New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions Introduction The case of Falkenthal v Revenue Commissioners ([2025] IEHC 122) marks a significant...
Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Date: Mar 11, 2025
Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications Introduction The case of A.R. v Ireland & Anor ([2025] IEHC 132) addresses several interrelated...
Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Date: Mar 11, 2025
Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law Introduction The judgment in McGreal v Minister for Housing, Local Government and Heritage of Ireland...
Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Date: Mar 11, 2025
Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280 1. Introduction This case arises under the Child Abduction and Enforcement of Custody...
Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Date: Mar 8, 2025
Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases Introduction The judgment in Z v S (Approved) ([2025] IEHC 136) delivered by Mr. Justice Barry...
Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Date: Mar 6, 2025
Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity Introduction The case of The Governor of a Prison v A ([2025] IEHC 147) addresses a highly...
Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Date: Mar 6, 2025
Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne Introduction This commentary examines the High Court of Ireland’s judgment in Dunne [A Bankrupt] & Ors v Dunne...
Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Date: Mar 6, 2025
Establishing a Modular Trial Framework in Complex Medical Negligence Litigation Introduction The case of Thompson [A Minor] v Health Service Executive (Approved) ([2025] IEHC 156) represents a...
Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Date: Mar 5, 2025
Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive Introduction This commentary examines a detailed judicial decision...
The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality

The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality

Date: Mar 5, 2025
The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality Introduction This commentary examines the landmark Judgment in the case of Recorded Artists Actors...
Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment

Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment

Date: Mar 5, 2025
Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment 1. Introduction The judgment in Irish Bank Resolution Corporation Ltd (In Special Liquidation) & anor v Fingleton...
Establishing Procedural Fairness and Rigorous Evidence Assessment in Migration Decisions: Insights from FN v Minister for Justice (Approved) [2025] IEHC 116

Establishing Procedural Fairness and Rigorous Evidence Assessment in Migration Decisions: Insights from FN v Minister for Justice (Approved) [2025] IEHC 116

Date: Mar 5, 2025
Establishing Procedural Fairness and Rigorous Evidence Assessment in Migration Decisions Introduction The judgment in FN v Minister for Justice (Approved) ([2025] IEHC 116), delivered by Ms Justice...
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