Ireland Case Commentaries

Establishing Credible Claims for Possession: Insights from Start Mortgages DAC v Galibert & Anor ([2022] IEHC 190)

Date: Apr 2, 2022

Establishing Credible Claims for Possession: Insights from Start Mortgages DAC v Galibert & Anor ([2022] IEHC 190) Introduction Start Mortgages Designated Activity Company (DAC) appellants brought an...

Herbst v McGuckian [2022] IEHC 271: Inordinate and Inexcusable Delay in Civil Proceedings

Date: Apr 2, 2022

Herbst v McGuckian [2022] IEHC 271: Inordinate and Inexcusable Delay in Civil Proceedings Introduction In the case of Herbst v McGuckian ([2022] IEHC 271), the High Court of Ireland addressed...

Establishing Presumption of Prosecution: Insights from Minister for Justice and Equality v Kondratov [2022] IEHC 314

Date: Apr 2, 2022

Establishing Presumption of Prosecution: Insights from Minister for Justice and Equality v Kondratov [2022] IEHC 314 Introduction The case of Minister for Justice and Equality v Kondratov (Approved)...

Strict Enforcement of Judicial Review Time Limits in Immigration Cases: Commentary on G.K. v International Protection Appeals Tribunal & Ors [2022] IEHC 204

Date: Apr 2, 2022

Strict Enforcement of Judicial Review Time Limits in Immigration Cases: Commentary on G.K. v International Protection Appeals Tribunal & Ors [2022] IEHC 204 Introduction G.K. v International...

Ensuring Fair Procedures: Adequate Reason-Giving in Juvenile Diversion Programme Decisions

Date: Apr 1, 2022

Ensuring Fair Procedures: Adequate Reason-Giving in Juvenile Diversion Programme Decisions Introduction The High Court of Ireland delivered a pivotal judgment in the case of L.A. v The Director of...

AHY v Minister for Justice: High Court Expands Judicial Review Scope for Article 17 Under Dublin III Regulation

Date: Apr 1, 2022

AHY v Minister for Justice: High Court Expands Judicial Review Scope for Article 17 Under Dublin III Regulation Introduction The case of AHY v Minister for Justice (Approved) ([2022] IEHC 198) was...

Comprehensive Commentary on Goode Concrete v Cement Roadstone Holdings PLC & Anor [2022] IEHC 189

Date: Apr 1, 2022

Striking Down Overreaching Interrogatories: Insights from Goode Concrete v Cement Roadstone Holdings PLC & Anor [2022] IEHC 189 Introduction The case of Goode Concrete v Cement Roadstone Holdings PLC...

Supreme Court Clarifies 'Fixed-Term Employee' Definition and Successive Contracts' Impact

Date: Apr 1, 2022

Supreme Court Clarifies 'Fixed-Term Employee' Definition and Successive Contracts' Impact Introduction The case of Health Service Executive v Power (Approved) ([2022] IESC 17) adjudicated by the...

High Court Jurisdiction in Criminal Appeals: Analysis of Marley v Director of Public Prosecutions (IEHC 209)

Date: Mar 31, 2022

High Court Jurisdiction in Criminal Appeals: Analysis of Marley v Director of Public Prosecutions (IEHC 209) Introduction Marley v Director of Public Prosecutions (Approved) ([2022] IEHC 209) is a...

Recognition of Prosecutor General as Judicial Authority under the European Arrest Warrant Act: Minister for Justice and Equality v Veresovas

Date: Mar 31, 2022

Recognition of Prosecutor General as Judicial Authority under the European Arrest Warrant Act: Minister for Justice and Equality v Veresovas Introduction The case of Minister for Justice and Equality...

High Court Refuses Leave to Appeal in Donnelly v An Bord Pleanála [2022] IEHC 451: Establishing Standards for Exceptional Public Importance in Planning Appeals

Date: Mar 31, 2022

High Court Refuses Leave to Appeal in Donnelly v An Bord Pleanála [2022] IEHC 451: Establishing Standards for Exceptional Public Importance in Planning Appeals Introduction The case of Donnelly &...

Mulhall v Irish Prison Service & Ors [2022] IEHC 184: Balancing Prisoner Rights and Operational Discretion

Date: Mar 31, 2022

Mulhall v Irish Prison Service & Ors [2022] IEHC 184: Balancing Prisoner Rights and Operational Discretion Introduction The case Mulhall v Irish Prison Service & Ors ([2022] IEHC 184) was adjudicated...

Limits on the Use of Section 14 for Dismissal: Hegarty v Commissioner of An Garda Síochána [2022] IEHC 183

Date: Mar 31, 2022

Limits on the Use of Section 14 for Dismissal: Hegarty v Commissioner of An Garda Síochána [2022] IEHC 183 Introduction The case of Hegarty v Commissioner of An Garda Síochána (Approved) [2022] IEHC...

Manifestation of Notifiable Diseases in Insurance Policies: An Analysis of Premier Dale LTD v Arachas Corporate Brokers Ltd [2022] IEHC 178

Date: Mar 31, 2022

Manifestation of Notifiable Diseases in Insurance Policies: An Analysis of Premier Dale LTD v Arachas Corporate Brokers Ltd [2022] IEHC 178 Introduction The High Court of Ireland, in the case of...

Suarez v Financial Services and Pensions Ombudsman: Clarifying Judicial Review Procedures and Cost Allocation

Date: Mar 30, 2022

Suarez v Financial Services and Pensions Ombudsman: Clarifying Judicial Review Procedures and Cost Allocation Introduction In the case of Suarez v Financial Services and Pensions Ombudsman ([2022]...

High Court Upholds Ministerial Decisions in Trafficking Victim Status and Deportation Order

Date: Mar 30, 2022

High Court Upholds Ministerial Decisions in Trafficking Victim Status and Deportation Order Introduction The case L.O. v Minister for Justice and Equality (Approved) ([2022] IEHC 182) was heard in...

High Court Refutes 'Consent Terms' Subsidizing Taxpayers in Personal Injury Settlements

Date: Mar 30, 2022

High Court Refutes 'Consent Terms' Subsidizing Taxpayers in Personal Injury Settlements Introduction The case of Kuczak v Treacy Tyres [Portumna] LTD (Approved) ([2022] IEHC 181) adjudicated by the...

High Court Upholds An Bord Pleanála's Reasoned Decision on Material Change of Use: Stanley v An Bord Pleanála [2022] IEHC 177

Date: Mar 29, 2022

High Court Upholds An Bord Pleanála's Reasoned Decision on Material Change of Use: Stanley v An Bord Pleanála [2022] IEHC 177 1. Introduction The case of Stanley v An Bord Pleanála & Ors ([2022] IEHC...

Judicial Site Visits and Objectivity: Insights from Connor v DPP [2022] IEHC 176

Date: Mar 29, 2022

Judicial Site Visits and Objectivity: Insights from Connor v Director of Public Prosecutions [2022] IEHC 176 Introduction The High Court of Ireland, in the case of Anthony Connor v Director of Public...

Enforcement of Settlement Costs: Insights from Atkinson v Minister for Health and Children & Ors [2022] IEHC 174

Date: Mar 29, 2022

Enforcement of Settlement Costs: Insights from Atkinson v Minister for Health and Children & Ors [2022] IEHC 174 Introduction Atkinson v Minister for Health and Children & Ors [2022] IEHC 174 is a...