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  • Commentaries

Ireland Case Commentaries

Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32

Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32

Date: May 12, 2021
Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32 Introduction The case of H & anor v. The Minister for...
Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352

Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352

Date: May 12, 2021
Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352 Introduction The High Court of Ireland, in the judgment of Mr Justice Max Barrett...
Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications

Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications

Date: May 12, 2021
Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications Introduction Pepper Finance v. Murray ([2021] IESCDET 53) is a significant Supreme Court of Ireland decision...
Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána

Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána

Date: May 12, 2021
Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána Introduction Murphy v. The Commissioner of An Garda Síochána ([2021] IEHC 354) is a landmark case...
Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins

Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins

Date: May 12, 2021
Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins Introduction Ulster Bank v. Collins ([2021] IESCDET 54) is a pivotal case in the Supreme Court of...
Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286

Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286

Date: May 12, 2021
Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286 Introduction The case of Start Mortgages DAC v. Keating & Anor...
Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals

Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals

Date: May 11, 2021
Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals Introduction The case of KBC Bank Ireland PLC v. Brennan ([2021] IESCDET...
Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala

Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala

Date: May 11, 2021
Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala Introduction The case of Waltham Abbey Residents Association v. An Bord Pleanala & Ors...
Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors

Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors

Date: May 11, 2021
Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors Introduction A v. Hickey & Ors (Approved) ([2021] IEHC 318) is a landmark judgment...
Clonres CLG v. An Bord Pleanála & Ors (2021) – Refining the Interpretation of Planning Documents

Clonres CLG v. An Bord Pleanála & Ors (2021) – Refining the Interpretation of Planning Documents

Date: May 8, 2021
Clonres CLG v. An Bord Pleanála & Ors (2021) – Refining the Interpretation of Planning Documents Introduction Clonres CLG v. An Bord Pleanála & Ors ([2021] IEHC 303) is a landmark case adjudicated by...
Reasonable Efforts and Oversight in Renewal of Summons: Aljouji v. Laing O'Rourke Ireland Ltd & Ors

Reasonable Efforts and Oversight in Renewal of Summons: Aljouji v. Laing O'Rourke Ireland Ltd & Ors

Date: May 8, 2021
Reasonable Efforts and Oversight in Renewal of Summons: Aljouji v. Laing O'Rourke Ireland Ltd & Ors Introduction The case of Aljouji & Ors v. Laing O'Rourke Ireland Ltd & Ors ([2021] IEHC 319)...
Strengthening Requirements for Summary Judgment in Debt Collection: Insights from Allied Irish Banks PLC v. Ahern & Anor

Strengthening Requirements for Summary Judgment in Debt Collection: Insights from Allied Irish Banks PLC v. Ahern & Anor

Date: May 7, 2021
Strengthening Requirements for Summary Judgment in Debt Collection: Insights from Allied Irish Banks PLC v. Ahern & Anor Introduction The case of Allied Irish Banks PLC v. Ahern & Anor ([2021] IEHC...
High Court Establishes Individualized Assessment in Refugee Claims: OPB v. International Protection Appeals Tribunal & Ors

High Court Establishes Individualized Assessment in Refugee Claims: OPB v. International Protection Appeals Tribunal & Ors

Date: May 7, 2021
High Court Establishes Individualized Assessment in Refugee Claims: OPB v. International Protection Appeals Tribunal & Ors Introduction The case of OPB v. International Protection Appeals Tribunal &...
Affirming the Strict Interpretation of Sub-Sale Relief under SDCA: Yesreb Holding Ltd v. Revenue Commissioners [2021] IEHC 317

Affirming the Strict Interpretation of Sub-Sale Relief under SDCA: Yesreb Holding Ltd v. Revenue Commissioners [2021] IEHC 317

Date: May 7, 2021
Affirming the Strict Interpretation of Sub-Sale Relief under SDCA: Yesreb Holding Ltd v. Revenue Commissioners [2021] IEHC 317 Introduction The case of Yesreb Holding Ltd v. Revenue Commissioners...
High Court Establishes Strict Criteria for Awarding Liquidators' Costs in Contested Remuneration Cases

High Court Establishes Strict Criteria for Awarding Liquidators' Costs in Contested Remuneration Cases

Date: May 6, 2021
High Court Establishes Strict Criteria for Awarding Liquidators' Costs in Contested Remuneration Cases Introduction The case of United Power Ltd (In Liquidation) v. Companies Act 2014 (Approved)...
Reaffirming Mutual Trust Under the European Arrest Warrant: The Minister for Justice and Equality v. Raduta

Reaffirming Mutual Trust Under the European Arrest Warrant: The Minister for Justice and Equality v. Raduta

Date: May 6, 2021
Reaffirming Mutual Trust Under the European Arrest Warrant: The Minister for Justice and Equality v. Raduta Introduction In the case of The Minister for Justice and Equality v. Raduta ([2021] IEHC...
Adjudication of Debtors Under the Bankruptcy Act 1988: Insights from McDaid v McLaughlin [2021] IEHC 293

Adjudication of Debtors Under the Bankruptcy Act 1988: Insights from McDaid v McLaughlin [2021] IEHC 293

Date: May 6, 2021
Adjudication of Debtors Under the Bankruptcy Act 1988: Insights from McDaid v McLaughlin [2021] IEHC 293 Introduction The High Court of Ireland, in the judgment delivered by Humphreys J. on May 5,...
High Court Upholds Bankruptcy Adjudication Despite Procedural Challenges in McLaughlin Case

High Court Upholds Bankruptcy Adjudication Despite Procedural Challenges in McLaughlin Case

Date: May 6, 2021
High Court Upholds Bankruptcy Adjudication Despite Procedural Challenges in McLaughlin Case Introduction The case of Pepper Finance Corporation (Ireland) Dac v. McLaughlin (a Bankrupt) ([2021] IEHC...
Concurrent International Bankruptcy Proceedings and Pension Treatment in Irish Law: Commentary on In the Matter of Sean Dunne (a bankrupt) [2021] IEHC 291

Concurrent International Bankruptcy Proceedings and Pension Treatment in Irish Law: Commentary on In the Matter of Sean Dunne (a bankrupt) [2021] IEHC 291

Date: May 6, 2021
Concurrent International Bankruptcy Proceedings and Pension Treatment in Irish Law: Commentary on In the Matter of Sean Dunne (a bankrupt) [2021] IEHC 291 Introduction In the Matter of Sean Dunne (a...
Establishing Limits on Non-Statutory Cost Scales in Judicial Review: O'Donovan v. County Registrar for County Cork & Ors

Establishing Limits on Non-Statutory Cost Scales in Judicial Review: O'Donovan v. County Registrar for County Cork & Ors

Date: May 6, 2021
Establishing Limits on Non-Statutory Cost Scales in Judicial Review: O'Donovan v. County Registrar for County Cork & Ors Introduction The High Court of Ireland's judgment in O'Donovan v. County...
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