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  • Commentaries

Ireland Case Commentaries

Carltona Principle Confirmed in International Protection Matters: ASA v. Minister for Justice [2021] IEHC 276

Carltona Principle Confirmed in International Protection Matters: ASA v. Minister for Justice [2021] IEHC 276

Date: Apr 17, 2021
Carltona Principle Confirmed in International Protection Matters: ASA v. Minister for Justice [2021] IEHC 276 Introduction The case of ASA v. The Minister for Justice ([2021] IEHC 276) presents a...
Timeliness of Third-Party Notices in Personal Injury Proceedings: Insights from Acheson v. Loughshinny Motorcycle Supporters Club & Ors [2021] IEHC 339

Timeliness of Third-Party Notices in Personal Injury Proceedings: Insights from Acheson v. Loughshinny Motorcycle Supporters Club & Ors [2021] IEHC 339

Date: Apr 17, 2021
Timeliness of Third-Party Notices in Personal Injury Proceedings: Insights from Acheson v. Loughshinny Motorcycle Supporters Club & Ors [2021] IEHC 339 Introduction Acheson v. Loughshinny Motorcycle...
Supreme Court Upholds Established Principles in Capital Reduction and Recusal Applications in Permanent TSB v. Skocylas

Supreme Court Upholds Established Principles in Capital Reduction and Recusal Applications in Permanent TSB v. Skocylas

Date: Apr 17, 2021
Supreme Court Upholds Established Principles in Capital Reduction and Recusal Applications in Permanent TSB v. Skocylas Introduction In the case of Permanent TSB v. Skocylas [2021] IESCDET 43, the...
Zalewski v Adjudication Officer: Constitutional Inconsistencies in Workplace Relations Legislation

Zalewski v Adjudication Officer: Constitutional Inconsistencies in Workplace Relations Legislation

Date: Apr 16, 2021
Zalewski v Adjudication Officer: Constitutional Inconsistencies in Workplace Relations Legislation Introduction Zalewski v Adjudication Officer & ors [2021] IESC 29 is a landmark case adjudicated by...
Smit v. Minister for Justice and Equality [2021]: Establishing the Limits of Judicial Oversight in European Arrest Warrant Cases upon Delays

Smit v. Minister for Justice and Equality [2021]: Establishing the Limits of Judicial Oversight in European Arrest Warrant Cases upon Delays

Date: Apr 16, 2021
Smit v. Minister for Justice and Equality [2021]: Establishing the Limits of Judicial Oversight in European Arrest Warrant Cases upon Delays Introduction In The Minister for Justice and Equality v....
Reaffirmation of Delay Dismissal Principles in Irish Water v. Hypertrust Ltd & Ors [2021] IEHC 323

Reaffirmation of Delay Dismissal Principles in Irish Water v. Hypertrust Ltd & Ors [2021] IEHC 323

Date: Apr 16, 2021
Reaffirmation of Delay Dismissal Principles in Irish Water v. Hypertrust Ltd & Ors [2021] IEHC 323 Introduction The case of Irish Water v. Hypertrust Ltd & Ors ([2021] IEHC 323) was adjudicated by...
Objective Bias in Administrative Dismissals: Kelly v. The Minister for Agriculture & ors ([2021] IESC 28)

Objective Bias in Administrative Dismissals: Kelly v. The Minister for Agriculture & ors ([2021] IESC 28)

Date: Apr 16, 2021
Objective Bias in Administrative Dismissals: Kelly v. The Minister for Agriculture & ors ([2021] IESC 28) Introduction Kelly v. The Minister for Agriculture & ors ([2021] IESC 28) is a landmark...
High Court Upholds An Bord Pleanála’s Planning Decisions and Reinforces Procedural Requirements in Sweetman v. An Bord Pleanála [2021] IEHC 259

High Court Upholds An Bord Pleanála’s Planning Decisions and Reinforces Procedural Requirements in Sweetman v. An Bord Pleanála [2021] IEHC 259

Date: Apr 15, 2021
High Court Upholds An Bord Pleanála’s Planning Decisions and Reinforces Procedural Requirements in Sweetman v. An Bord Pleanála [2021] IEHC 259 Introduction Sweetman v. An Bord Pleanála ([2021] IEHC...
Clarification on Summary Possession under Section 62(7) of the Registration of Title Act 1964: BOI Mortgage Bank v. Cody & anor [2021] IESC 26

Clarification on Summary Possession under Section 62(7) of the Registration of Title Act 1964: BOI Mortgage Bank v. Cody & anor [2021] IESC 26

Date: Apr 15, 2021
Clarification on Summary Possession under Section 62(7) of the Registration of Title Act 1964: BOI Mortgage Bank v. Cody & anor [2021] IESC 26 Introduction The case of Bank of Ireland Mortgage Bank...
Establishing the Threshold for Exceptional Public Importance in Leave to Appeal Applications: Liscannor Stone Ltd v Clare County Council

Establishing the Threshold for Exceptional Public Importance in Leave to Appeal Applications: Liscannor Stone Ltd v Clare County Council

Date: Apr 15, 2021
Establishing the Threshold for Exceptional Public Importance in Leave to Appeal Applications: Liscannor Stone Ltd v Clare County Council Introduction Case: Liscannor Stone Ltd v. Clare County Council...
Standing and Entitlement in Debt Portfolio Acquisitions: Cabot Financial v. Duffy [2021] IEHC 360

Standing and Entitlement in Debt Portfolio Acquisitions: Cabot Financial v. Duffy [2021] IEHC 360

Date: Apr 15, 2021
Standing and Entitlement in Debt Portfolio Acquisitions: Cabot Financial v. Duffy [2021] IEHC 360 Introduction Cabot Financial (Ireland) Ltd v. Duffy & Anor ([2021] IEHC 360) is a significant...
Establishing Standards for Taxpayer Knowledge in VAT Fraud Cases: Byrne v. Revenue Commissioner [2021] IEHC 262

Establishing Standards for Taxpayer Knowledge in VAT Fraud Cases: Byrne v. Revenue Commissioner [2021] IEHC 262

Date: Apr 14, 2021
Establishing Standards for Taxpayer Knowledge in VAT Fraud Cases: Byrne v. Revenue Commissioner [2021] IEHC 262 Introduction The case of Byrne v. Revenue Commissioner ([2021] IEHC 262) presents a...
Refusal of Leave to Appeal: Adekoya v. IBM International Holdings Ireland [2021] IESCDET 39

Refusal of Leave to Appeal: Adekoya v. IBM International Holdings Ireland [2021] IESCDET 39

Date: Apr 13, 2021
Refusal of Leave to Appeal: Adekoya v. IBM International Holdings Ireland [2021] IESCDET 39 Introduction Adekoya v. IBM International Holdings Ireland is a significant case adjudicated by the Supreme...
High Court Upholds Article 11 Jurisdiction under Regulation (EC) No. 2201/2003 Despite Prior Custody Orders in R.H v. A.R

High Court Upholds Article 11 Jurisdiction under Regulation (EC) No. 2201/2003 Despite Prior Custody Orders in R.H v. A.R

Date: Apr 13, 2021
High Court Upholds Article 11 Jurisdiction under Regulation (EC) No. 2201/2003 Despite Prior Custody Orders in R.H v. A.R Introduction The case of R.H v. A.R (Approved) ([2021] IEHC 266) before the...
Enhanced Mechanisms for Mareva Injunctions under Brussels I Recast: Insights from Uniformal Ltd v. Taurus Gemini

Enhanced Mechanisms for Mareva Injunctions under Brussels I Recast: Insights from Uniformal Ltd v. Taurus Gemini

Date: Apr 13, 2021
Enhanced Mechanisms for Mareva Injunctions under Brussels I Recast: Insights from Uniformal Ltd v. Taurus Gemini Introduction The High Court of Ireland delivered a significant judgment in the case of...
Judicial Establishment of Damages Assessment Protocol in Negligence Cases: McKinnon v Mullen

Judicial Establishment of Damages Assessment Protocol in Negligence Cases: McKinnon v Mullen

Date: Apr 13, 2021
Judicial Establishment of Damages Assessment Protocol in Negligence Cases: McKinnon v Mullen Introduction McKinnon v Mullen is a significant case adjudicated by the High Court of Ireland on April 12,...
Independent News and Media (Costs Ruling): Limiting Costs Recovery for Notice Parties

Independent News and Media (Costs Ruling): Limiting Costs Recovery for Notice Parties

Date: Apr 13, 2021
Independent News and Media (Costs Ruling): Limiting Costs Recovery for Notice Parties Introduction The High Court of Ireland delivered a pivotal judgment on April 12, 2021, in the case titled...
Supreme Court of Ireland Grants Leave to Appeal on Expert Witness Retention

Supreme Court of Ireland Grants Leave to Appeal on Expert Witness Retention

Date: Apr 9, 2021
Supreme Court of Ireland Grants Leave to Appeal on Expert Witness Retention Introduction The case Sweeney & anor v. The Voluntary Health Insurance Board Ireland ([2021] IESCDET 36) brought before the...
Reinforcing the Necessity for Detailed Evidence in Summary Judgments: Promontoria (Aran) Ltd v. Jaszai Ltd & Anor

Reinforcing the Necessity for Detailed Evidence in Summary Judgments: Promontoria (Aran) Ltd v. Jaszai Ltd & Anor

Date: Apr 7, 2021
Reinforcing the Necessity for Detailed Evidence in Summary Judgments: Promontoria (Aran) Ltd v. Jaszai Ltd & Anor Introduction Promontoria (Aran) Ltd v. Jaszai Ltd & Anor ([2021] IEHC 250) is a...
Zalewski v Adjudication Office & others: Defining the Constitutional Boundaries of Administrative Adjudication in Employment Law

Zalewski v Adjudication Office & others: Defining the Constitutional Boundaries of Administrative Adjudication in Employment Law

Date: Apr 7, 2021
Zalewski v Adjudication Office & others: Defining the Constitutional Boundaries of Administrative Adjudication in Employment Law Introduction Case: Zalewski v Adjudication Office & others ([2021]...
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