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  • Commentaries

Ireland Case Commentaries

Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390

Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390

Date: Jul 15, 2025
Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390 1. Introduction This commentary analyses the...
“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397)

“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397)

Date: Jul 15, 2025
“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397) 1. Introduction This third judgment in the long-running environmental...
“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398

“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398

Date: Jul 15, 2025
“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398 1. Introduction Lobov v McGregor is a High Court of Ireland decision delivered electronically...
From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners

From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners

Date: Jul 15, 2025
From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners 1. Introduction The High Court decision in Hade v Revenue Commissioners ([2025]...
“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson v. An Bord Pleanála [2025] IESC 31

“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson v. An Bord Pleanála [2025] IESC 31

Date: Jul 15, 2025
“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson & anor v. An Bord Pleanála [2025] IESC 31 1. Introduction The...
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Date: Jul 15, 2025
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers ([2025] IESC 30) Introduction Bird v Iconic Newspapers is the Supreme Court of Ireland’s leading decision on the scope of...
“Appropriate & Necessary”: The High Court’s Tailored-Disclosure Standard for Maintenance Variation Applications – Commentary on D.D v N.B.T. [2025] IEHC 402

“Appropriate & Necessary”: The High Court’s Tailored-Disclosure Standard for Maintenance Variation Applications – Commentary on D.D v N.B.T. [2025] IEHC 402

Date: Jul 12, 2025
“Appropriate & Necessary”: A Tailored-Disclosure Standard for Maintenance Variation Applications (Commentary on D.D v N.B.T. [2025] IEHC 402) 1. Introduction D.D v N.B.T. is a High Court (Family Law)...
Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32

Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32

Date: Jul 12, 2025
Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32 Introduction Case reference: The People (DPP) v JS, Supreme...
Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414

Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414

Date: Jul 11, 2025
Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414 1. Introduction The High Court (Barr J) in Dennis...

        Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material
        Cannot Constitute “New Evidence” in Successive Prohibition Applications

Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material Cannot Constitute “New Evidence” in Successive Prohibition Applications

Date: Jul 9, 2025
Sutton v Director of Public Prosecutions & Ors [2025] IEHC 375: Clarifying the Non-Applicability of “Date of Knowledge” and Reinforcing the One-Proceeding Rule in Criminal Judicial Review...
“Will Not Be Issued” v. “Cannot Be Issued”:  Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

“Will Not Be Issued” v. “Cannot Be Issued”: Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

Date: Jul 9, 2025
“Will Not Be Issued” v. “Cannot Be Issued” Singh v. Minister for Enterprise, Trade and Employment ([2025] IEHC 383) Introduction In Singh v. Minister for Enterprise, Trade and Employment the High...
“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

Date: Jul 9, 2025
“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964 1. Introduction Planetwhite Ltd v Hogan & Anor ([2025] IEHC 378)...
Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Date: Jul 9, 2025
Mars Capital Finance Ireland DAC v Kane & Anor [2025] IEHC 379 High Court confirms: (1) business-record evidence under the 2020 Act is admissible through a transferee’s deponent, and (2) a lender may...
Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Date: Jul 9, 2025
Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings Commentary on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC...
Beyond Habeas Corpus: High Court Clarifies the Scope of the Article 40.4 Court-Fee Exemption

Beyond Habeas Corpus: High Court Clarifies the Scope of the Article 40.4 Court-Fee Exemption

Date: Jul 8, 2025
Beyond Habeas Corpus: High Court Clarifies the Scope of the Article 40.4 Court-Fee Exemption 1. Introduction In McGreal v Concannon & Brown and McGreal v Courts Service Staff & Ors ([2025] IEHC 425)...
Erosion of the Strike-Out Distinction & Clarification of Ministerial Non-Liability for Court Language Facilities – Commentary on O Cadhla v. An tAire Dlí agus Cirt & Ors

Erosion of the Strike-Out Distinction & Clarification of Ministerial Non-Liability for Court Language Facilities – Commentary on O Cadhla v. An tAire Dlí agus Cirt & Ors

Date: Jul 5, 2025
Erosion of the Strike-Out Distinction & Clarification of Ministerial Non-Liability for Court Language Facilities Comprehensive Commentary on O Cadhla v. An tAire Dlí agus Cirt agus Comhionannais &...
The O’Grady Principle: When Clear Notice and an Unequivocal Waiver Cure Pre-Trial Counsel Difficulties in European Arrest Warrant “Trial-in-Absentia” Cases

The O’Grady Principle: When Clear Notice and an Unequivocal Waiver Cure Pre-Trial Counsel Difficulties in European Arrest Warrant “Trial-in-Absentia” Cases

Date: Jul 5, 2025
The O’Grady Principle: When Clear Notice and an Unequivocal Waiver Cure Pre-Trial Counsel Difficulties in European Arrest Warrant “Trial-in-Absentia” Cases 1. Introduction Minister for Justice v...
Doyle v Houston (2025): Trespass Injunctions ex debito justitiae Against Former Homeowners Post-Execution

Doyle v Houston (2025): Trespass Injunctions ex debito justitiae Against Former Homeowners Post-Execution

Date: Jul 4, 2025
Doyle v Houston (2025): Trespass Injunctions ex debito justitiae Against Former Home-Owners After Execution Introduction In Doyle v Houston ([2025] IEHC 373) Mr Justice Kennedy delivered what is...
“No Locus, No Claim” — High Court Clarifies the Consequences of Fraudulent Assertions and Permission-Based Occupation in Adverse Possession Cases (Von Geitz v O’Brien & Mazars [2025] IEHC 399)

“No Locus, No Claim” — High Court Clarifies the Consequences of Fraudulent Assertions and Permission-Based Occupation in Adverse Possession Cases (Von Geitz v O’Brien & Mazars [2025] IEHC 399)

Date: Jul 4, 2025
“No Locus, No Claim” — High Court Clarifies the Consequences of Fraudulent Assertions and Permission-Based Occupation in Adverse Possession Cases Commentary on Von Geitz v O’Brien & Mazars ([2025]...
Re-defining “Reasonable Grounds” for Further and Better Discovery in Illegal-Adoption Litigation – A Commentary on Clarke v Saint Patrick's Guild (In Liquidation) & Ors [2025] IEHC 374

Re-defining “Reasonable Grounds” for Further and Better Discovery in Illegal-Adoption Litigation – A Commentary on Clarke v Saint Patrick's Guild (In Liquidation) & Ors [2025] IEHC 374

Date: Jul 3, 2025
Re-defining “Reasonable Grounds” for Further and Better Discovery in Illegal-Adoption Litigation Commentary on Clarke v Saint Patrick's Guild (In Liquidation) & Ors [2025] IEHC 374 1. Introduction...
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