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  • Commentaries

Ireland Case Commentaries

Cost Allocation Precedent in Moot Judicial Review Proceedings: Insights from M.A. (Bangladesh) v. IPRAT & Ors [2021] IEHC 264

Cost Allocation Precedent in Moot Judicial Review Proceedings: Insights from M.A. (Bangladesh) v. IPRAT & Ors [2021] IEHC 264

Date: Apr 27, 2021
Cost Allocation Precedent in Moot Judicial Review Proceedings: Insights from M.A. (Bangladesh) v. The International Protection Appeals Tribunal & Ors [2021] IEHC 264 Introduction The case of M.A....
High Court Clarifies Contract Repudiation under Section 537 of the Companies Act 2014 in Arctic Aviation Assets DAC v. NAI

High Court Clarifies Contract Repudiation under Section 537 of the Companies Act 2014 in Arctic Aviation Assets DAC v. NAI

Date: Apr 27, 2021
High Court Clarifies Contract Repudiation under Section 537 of the Companies Act 2014 in Arctic Aviation Assets DAC v. Norwegian Air International Ltd. Introduction The case of Arctic Aviation Assets...
Ennis Property v. McDermott: Reinforcement of Procedural Requirements for Extensions of Time in Supreme Court Appeals

Ennis Property v. McDermott: Reinforcement of Procedural Requirements for Extensions of Time in Supreme Court Appeals

Date: Apr 27, 2021
Ennis Property v. McDermott: Reinforcement of Procedural Requirements for Extensions of Time in Supreme Court Appeals Introduction Ennis Property Finance DAC v. Eugene McDermott ([2021] IESCDET 46)...
Admissibility of Section 25 Medical Certificates: Implications from Director of Public Prosecutions v. A.C.

Admissibility of Section 25 Medical Certificates: Implications from Director of Public Prosecutions v. A.C.

Date: Apr 27, 2021
Admissibility of Section 25 Medical Certificates: Implications from Director of Public Prosecutions v. A.C. Introduction The landmark case of Director of Public Prosecutions v. A.C. (2021_IESCDET_45)...
Interpretation of "Closure" in Business Interruption Insurance: Insights from Hyper Trust Ltd v. FBD Insurance PLC [2021] IEHC 279

Interpretation of "Closure" in Business Interruption Insurance: Insights from Hyper Trust Ltd v. FBD Insurance PLC [2021] IEHC 279

Date: Apr 24, 2021
Interpretation of "Closure" in Business Interruption Insurance: Insights from Hyper Trust Ltd t/a The Leopardstown Inn v. FBD Insurance PLC [2021] IEHC 279 Introduction The case of Hyper Trust Ltd...
Klohn v. An Bord Pleanála: Advancing Cross-Border Legal Representation in Ireland

Klohn v. An Bord Pleanála: Advancing Cross-Border Legal Representation in Ireland

Date: Apr 24, 2021
Klohn v. An Bord Pleanála: Advancing Cross-Border Legal Representation in Ireland Introduction Klohn v. An Bord Pleanála (2021) IESC 30 is a landmark decision by the Supreme Court of Ireland that...
Invalidation of Retrospective Development Consent Decisions under EIA Directive

Invalidation of Retrospective Development Consent Decisions under EIA Directive

Date: Apr 24, 2021
Invalidation of Retrospective Development Consent Decisions under EIA Directive Introduction The case Friends of Irish Environment & Ors v. An Bord Pleanala (Substitute Consent) ([2021] IEHC 234)...
Strict Compliance with Procedural Standards for European Arrest Warrants: Minister for Justice and Equality v. Lupu [2021] IEHC 294

Strict Compliance with Procedural Standards for European Arrest Warrants: Minister for Justice and Equality v. Lupu [2021] IEHC 294

Date: Apr 24, 2021
Strict Compliance with Procedural Standards for European Arrest Warrants: Minister for Justice and Equality v. Lupu [2021] IEHC 294 1. Introduction The case of Minister for Justice and Equality v....
Balancing Cabinet Confidentiality and Environmental Information Access: Right to Know v. An Taoiseach

Balancing Cabinet Confidentiality and Environmental Information Access: Right to Know v. An Taoiseach

Date: Apr 24, 2021
Balancing Cabinet Confidentiality and Environmental Information Access: Right to Know v. An Taoiseach Introduction The case of Right to Know v. An Taoiseach (Cabinet Confidentiality) (Approved)...
Stulpinaite v. The Residential Tenancies Board: Costs and Public Interest in Residential Tenancy Appeals

Stulpinaite v. The Residential Tenancies Board: Costs and Public Interest in Residential Tenancy Appeals

Date: Apr 24, 2021
Stulpinaite v. The Residential Tenancies Board: Costs and Public Interest in Residential Tenancy Appeals Introduction The case of Stulpinaite v. The Residential Tenancies Board (Approved) ([2021]...
Enhanced Scrutiny of Country of Origin Information in FGM-Based Asylum Claims: RS & Anor v. The International Protection Appeals Tribunal & Anor (2021)

Enhanced Scrutiny of Country of Origin Information in FGM-Based Asylum Claims: RS & Anor v. The International Protection Appeals Tribunal & Anor (2021)

Date: Apr 24, 2021
Enhanced Scrutiny of Country of Origin Information in FGM-Based Asylum Claims: RS & Anor v. The International Protection Appeals Tribunal & Anor (2021) Introduction RS & Anor v. The International...
Entitlement to Cross-Examine in Special Summons Proceedings: O'Riain & Anor v. Trade Marks Act 1996 & Anor [2021] IEHC 278

Entitlement to Cross-Examine in Special Summons Proceedings: O'Riain & Anor v. Trade Marks Act 1996 & Anor [2021] IEHC 278

Date: Apr 24, 2021
Entitlement to Cross-Examine in Special Summons Proceedings Introduction The case of O'Riain & Anor v. Trade Marks Act 1996 & Anor ([2021] IEHC 278) is a pivotal High Court of Ireland decision that...
Montreal Convention's Exclusive Remedy Confirmed in Forde v. Emirates

Montreal Convention's Exclusive Remedy Confirmed in Forde v. Emirates

Date: Apr 23, 2021
Montreal Convention's Exclusive Remedy Confirmed in Forde v. Emirates Introduction The case of Forde v. Emirates (Approved) ([2021] IEHC 298) adjudicated by the High Court of Ireland on April 22,...
Establishing Precedent for Conditional Confirmation of Interlocking Schemes of Arrangement under Companies Act 2014: Arctic Aviation Assets DAC & Ors v. Companies Act 2014 ([2021] IEHC 272)

Establishing Precedent for Conditional Confirmation of Interlocking Schemes of Arrangement under Companies Act 2014: Arctic Aviation Assets DAC & Ors v. Companies Act 2014 ([2021] IEHC 272)

Date: Apr 23, 2021
Establishing Precedent for Conditional Confirmation of Interlocking Schemes of Arrangement under Companies Act 2014 Introduction The case of Arctic Aviation Assets Designated Activity Company & Ors...
Public Authority Exclusions Under Directive 2003/4/EC: Insights from Right To Know CLG v. Commissioner For Environmental Information

Public Authority Exclusions Under Directive 2003/4/EC: Insights from Right To Know CLG v. Commissioner For Environmental Information

Date: Apr 23, 2021
Public Authority Exclusions Under Directive 2003/4/EC: Insights from Right To Know CLG v. Commissioner For Environmental Information Introduction The case of Right To Know CLG v. Commissioner For...
Arctic Aviation v. Companies Act 2014: Empowering Corporate Restructuring through S.537 Repudiation

Arctic Aviation v. Companies Act 2014: Empowering Corporate Restructuring through S.537 Repudiation

Date: Apr 22, 2021
Arctic Aviation v. Companies Act 2014: Empowering Corporate Restructuring through S.537 Repudiation Introduction The High Court of Ireland delivered a significant judgment on April 21, 2021, in the...
Enhancing Family Rights of Prisoners: High Court's Decision in Mulhall v. The Irish Prison Service

Enhancing Family Rights of Prisoners: High Court's Decision in Mulhall v. The Irish Prison Service

Date: Apr 21, 2021
Enhancing Family Rights of Prisoners: High Court's Decision in Mulhall v. The Irish Prison Service Introduction The case of Mulhall v. The Irish Prison Service & Ors ([2021] IEHC 267) revolves around...
RTK v. Commissioner for Environmental Information: Broadening the Definition of Environmental Information

RTK v. Commissioner for Environmental Information: Broadening the Definition of Environmental Information

Date: Apr 21, 2021
RTK v. Commissioner for Environmental Information: Broadening the Definition of Environmental Information Introduction The High Court of Ireland delivered its judgment on April 20, 2021, in the case...
An Taisce v. An Bord Pleanála: Reinforcing Environmental Assessment Boundaries in Development Approvals

An Taisce v. An Bord Pleanála: Reinforcing Environmental Assessment Boundaries in Development Approvals

Date: Apr 21, 2021
An Taisce v. An Bord Pleanála: Reinforcing Environmental Assessment Boundaries in Development Approvals Introduction The case An Taisce - The National Trust for Ireland v. An Bord Pleanála & ors...
Clarence Hotel v. AXA Insurance: Interpretation of Business Interruption Clauses in COVID-19 Context

Clarence Hotel v. AXA Insurance: Interpretation of Business Interruption Clauses in COVID-19 Context

Date: Apr 20, 2021
Clarence Hotel v. AXA Insurance: Interpretation of Business Interruption Clauses in COVID-19 Context Introduction The case of Brushfield Ltd (T/A The Clarence Hotel) v. Arachas Corporate Brokers Ltd...
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