Ireland Case Commentaries

Fair Procedures as a Precondition to Confirming Central Bank Prohibition Notices (Oral Hearing and Witness Evidence Where Credibility Is in Issue)

Date: Apr 1, 2026

Fair Procedures as a Precondition to Confirming Central Bank Prohibition Notices (Oral Hearing and Witness Evidence Where Credibility Is in Issue) Case: Central Bank Of Ireland v CD (Approved) (Rev1)...

Peer-Consent (“Romeo and Juliet”) Defence Requires Complainant’s Actual Attainment of 15: No Constitutional Right to a “Reasonable Mistake as to 15” Extension

Date: Mar 28, 2026

Peer-Consent (“Romeo and Juliet”) Defence Requires Complainant’s Actual Attainment of 15: No Constitutional Right to a “Reasonable Mistake as to 15” Extension Luke v Director of Public Prosecutions...

Partially Constructed Apartment Blocks Are Not “Houses” Under s.2 PDA 2000 for s.48(3A) Development Contribution Reductions

Date: Mar 28, 2026

Partially Constructed Apartment Blocks Are Not “Houses” Under s.2 Planning and Development Act 2000 for s.48(3A) Development Contribution Reductions 1) Introduction In Hibernia Real Estate Group Ltd...

Independent DMR Appointment Where Sibling Conflict Makes a Family Appointment Unfair or Risky

Date: Mar 28, 2026

Independent Decision-Making Representative Where Intra‑Family Conflict Makes a Relative’s Appointment Unsafe or Procedurally Unfair Court: High Court of Ireland (Wards of Court) Neutral citation:...

Territorial Revocation Clauses, Lex Domicilii and Foreign Movables: When an Earlier Will Survives for Assets Abroad

Date: Mar 27, 2026

Territorial Revocation Clauses, Lex Domicilii and Foreign Movables: When an Earlier Will Survives for Assets Abroad 1) Introduction The Estate of Patrick Joseph Quinn, Re (Rev1) [2026] IEHC 188...

Stays Pending Judicial Review: Strong Presumption in Favour of Continuing a DSA Investigation, Including “Provider” Scoping

Date: Mar 27, 2026

Stays Pending Judicial Review: Strong Presumption in Favour of Continuing a DSA Investigation, Including “Provider” Scoping 1) Introduction Bytedance Ltd v Coimisiún na Mean and Anor [2026] IEHC 196...

Judicial Review Leave: Bias Allegations Require Evidential Basis; RTB Tribunal “General” Personal Findings May Be Ultra Vires; Hybrid Hearing Access Can Ground Fair-Procedure Leave

Date: Mar 27, 2026

Judicial Review Leave: Bias Allegations Require Evidential Basis; RTB Tribunal “General” Personal Findings May Be Ultra Vires; Hybrid Hearing Access Can Ground Fair-Procedure Leave 1) Introduction In...

Judicial review cannot bypass the trial court where a guilty plea stands: exceptional-case threshold and exhaustion of remedies

Date: Mar 27, 2026

Judicial review cannot bypass the trial court where a guilty plea stands: exceptional-case threshold and exhaustion of remedies Case: Benevicius v The Director of Public Prosecutions and Ors...

Hoctor (No. 2): Refusing Leave to Appeal Where Proposed “Design Flexibility” Questions Misread the Judgment and Do Not Arise

Date: Mar 26, 2026

Planning JR Appeals: No Certificate Where “Design Flexibility” Points Do Not Arise, Are Fact-Application Disguised as Law, and Are Contrary to Finality/Public Interest—Especially for Renewable Energy...

Refusing Adjournment Where an Expert Becomes Unavailable: Proceeding on Existing Reports with a Waiver of Cross‑Examination in Competition Litigation

Date: Mar 26, 2026

Refusing Adjournment Where an Expert Becomes Unavailable: Proceeding on Existing Reports with a Waiver of Cross‑Examination in Competition Litigation 1) Introduction ER Travel Limited v Dublin...

Certification to Appeal under s.50A(7): A High Threshold Not Met by Fact-Specific “Reasons” Challenges

Date: Mar 26, 2026

Certification to Appeal under s.50A(7): A High Threshold Not Met by Fact-Specific “Reasons” Challenges 1. Introduction Phelan Walsh v An Coimisiún Pleanála [2026] IEHC 177 is a High Court decision...

Lawyer-Only Inspection for Confidential Employment Termination Agreements Where Relevance Is Unproven

Date: Mar 26, 2026

Lawyer-Only Inspection for Confidential Employment Termination Agreements Where Relevance Is Unproven Case People Centre, INC [D/B/A Rippling] and Anor v O'Brien and Ors [No. 3] (Approved) [2026]...

Publication of a Known False Narrative to an Alleged Co‑Conspirator Is Not Defamatory: Strike‑Out Under Amended Order 19 Rule 28

Date: Mar 26, 2026

Publication of a Known False Narrative to an Alleged Co‑Conspirator Is Not Defamatory: Strike‑Out Under Amended Order 19 Rule 28 Case: People Centre, INC [D/B/A Rippling] and Anor v O'Brien and Ors...

Settlement Eliminates “Questions Involved”: Joinder Under O.15, r.13 RSC Cannot Add New Causes of Action

Date: Mar 26, 2026

Settlement Eliminates “Questions Involved”: Joinder Under O.15, r.13 RSC Cannot Add New Causes of Action Case: People Centre, INC [D/B/A Rippling] and Anor v O'Brien and Ors [No. 1] (Approved)...

Solar farms and internal access tracks: no automatic EIA “road” project; strict leave-to-appeal discipline in planning JR

Date: Mar 26, 2026

Solar Farms Do Not Become EIA “Road” Projects Because They Contain Internal Access Tracks: Leave-to-Appeal Questions Must Arise from the Consented Project and Be Truly Legal, Exceptional, and in the...

McAndrew-Bergson v Hennelly and Ors [2026] IEHC 173 — Commentary

Date: Mar 26, 2026

No “Discoverability” in Defamation: The Two-Year Long-Stop, the Narrow s.11(3A) Extension, and the Limited Role of Fraudulent Concealment 1) Introduction McAndrew-Bergson v Hennelly and Ors...

Court-Ordered Sale/Transfer of Unpaid-For Horses: Mitigation Duties, Animal-Welfare Constraints, and Order 50 Rule 3

Date: Mar 26, 2026

Court-Ordered Sale/Transfer of Unpaid-For Horses: Mitigation Duties, Animal-Welfare Constraints, and Order 50 Rule 3 1) Introduction Linley Investments Limited (trading as Coolmore Castlehyde and...

Single-Certificate Legal Aid in Wardship Discharge Proceedings and Preference for Independent DMR Where Family Dynamics Risk Undue Influence

Date: Mar 26, 2026

Single-Certificate Legal Aid in Wardship Discharge Proceedings and Preference for Independent DMR Where Family Dynamics Risk Undue Influence 1. Introduction This ex tempore ruling of Mr. Justice...

Equitable Injunctions for Mistaken Disclosure of Third-Party Personal Data: Data Controller Standing, Return/Deletion Duties, and Public-Domain Carve-Outs

Date: Mar 26, 2026

Equitable Injunctions for Mistaken Disclosure of Third-Party Personal Data: Data Controller Standing, Return/Deletion Duties, and Public-Domain Carve-Outs 1. Introduction Grant Thornton [A Firm] and...

Dooley v Florentine Properties Ltd and Anor [2026] IEHC 170 — Exceptional-Circumstances Threshold Post-Kirwan: Personal Hardship Must Be Evidenced as Litigation-Inhibiting

Date: Mar 26, 2026

Dooley v Florentine Properties Ltd and Anor [2026] IEHC 170 — Exceptional-Circumstances Threshold Post-Kirwan: Personal Hardship Must Be Evidenced as Litigation-Inhibiting 1. Introduction This High...