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  • Commentaries

Ireland Case Commentaries

The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

Date: Mar 5, 2025
The Incorporation of "Costs of the Adjudication" in the Statutory Time Limit for Consideration under the 2015 Act Introduction This commentary examines the High Court’s decision in H.J. Ward LLP v...
New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

Date: Mar 5, 2025
New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation Introduction The judgment in Murphy v An Bord Pleanala & Anor (Approved) ([2025] IEHC 117)...
Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Date: Mar 4, 2025
Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010 Introduction The judgment in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors...
Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Date: Mar 1, 2025
Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB Introduction The case of Olaszewski v The Residential Tenancies Board (Approved) [2025] IEHC 113...
Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Date: Mar 1, 2025
Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327 Introduction The judgment in McE v Chief Appeals Officer & Ors ([2025] IEHC 114) represents a...
Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Date: Mar 1, 2025
Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals Introduction In Raza v Minister for Justice ([2025]...
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Date: Feb 22, 2025
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child 1. Introduction The Judgment in M.C.A. v...
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Date: Feb 22, 2025
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases Introduction The Judgment in Minister for Justice v Curtin (Approved) ([2025] IEHC 145) delivered by Mr....
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Date: Feb 22, 2025
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders Introduction The case of Board of Management of Wilson's Hospital School v Burke [No.3] ([2025] IEHC 104)...
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

Date: Feb 22, 2025
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards Introduction The judgment in GTLK Europe Designated Activity Company [In Liquidation] v...
Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Date: Feb 22, 2025
Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review Introduction The judgment in Thiebault Enterprise Ltd & Anor v County Registrar for Galway...
Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Date: Feb 21, 2025
Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases Introduction The case of Buckley v Linehan ([2025] IEHC 101) delivered by Ms. Justice Emily Egan in the...
Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments

Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments

Date: Feb 21, 2025
Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments Introduction The case of Pepper Finance Corporation [Ireland] Designated...
Clarifying the Identification of Specific Reasons in Multi-Site Zoning Decisions: Insights from Ballindooley Developments v Minister for Housing

Clarifying the Identification of Specific Reasons in Multi-Site Zoning Decisions: Insights from Ballindooley Developments v Minister for Housing

Date: Feb 21, 2025
Clarifying the Identification of Specific Reasons in Multi-Site Zoning Decisions: Insights from Ballindooley Developments v Minister for Housing Introduction The case of Ballindooley Developments Ltd...
Clarifying Tribunal Findings in Discovery: A Precedent on Judicial Correction and Balancing Public Interests

Clarifying Tribunal Findings in Discovery: A Precedent on Judicial Correction and Balancing Public Interests

Date: Feb 21, 2025
Clarifying Tribunal Findings in Discovery: A Precedent on Judicial Correction and Balancing Public Interests Introduction The High Court of Ireland, in the case of Persona Digital Telephony Ltd &...
“From Caution to Defamation: When Professional-Negligence Advice Is NOT Defamatory” – Analysis of O'Connor v. Legal Aid Board & Ors. [2025] IECA 39

“From Caution to Defamation: When Professional-Negligence Advice Is NOT Defamatory” – Analysis of O'Connor v. Legal Aid Board & Ors. [2025] IECA 39

Date: Feb 21, 2025
“From Caution to Defamation: When Professional-Negligence Advice Is NOT Defamatory” Commentary on O'Connor v. Legal Aid Board & Ors. [2025] IECA 39 1. Introduction O'Connor v. Legal Aid Board & Ors....
The Rump Funds Conundrum: Lodgment of Unapplied or Undistributable Balances under s.623 of the Companies Act 2014

The Rump Funds Conundrum: Lodgment of Unapplied or Undistributable Balances under s.623 of the Companies Act 2014

Date: Feb 21, 2025
The Rump Funds Conundrum: Lodgment of Unapplied or Undistributable Balances under s.623 of the Companies Act 2014 Introduction This commentary examines the landmark judgment delivered by Mr. Justice...
Balancing Deference and Proportionality in Regulatory Sanctions: RS v Health and Social Care Professionals Council

Balancing Deference and Proportionality in Regulatory Sanctions: RS v Health and Social Care Professionals Council

Date: Feb 21, 2025
Balancing Deference and Proportionality in Regulatory Sanctions: RS v Health and Social Care Professionals Council Introduction RS v Health and Social Care Professionals Council [2025] IEHC 267 is a...
A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications

A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications

Date: Feb 20, 2025
A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications Introduction The judgment in In the Matter of [A], and In the Matter of the Inherent Jurisdiction of the High...
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