Ireland Case Commentaries

Significant Prejudice to Plaintiff May Justify Refusal of Trial Modularisation: Novartis v Eli Lilly

Date: Dec 22, 2021

Significant Prejudice to Plaintiff May Justify Refusal of Trial Modularisation: Novartis Pharma AG v Eli Lilly Nederland BV & Ors [2021] IEHC 814 Introduction The case of Novartis Pharma AG v Eli...

Clarion Quay v Dublin City Council: Applicability of General Condition 36(d) Confirmed and Multi-Unit Developments Act Claims Restricted to Circuit Court

Date: Dec 22, 2021

Clarion Quay v Dublin City Council: Applicability of General Condition 36(d) Confirmed and Multi-Unit Developments Act Claims Restricted to Circuit Court Introduction In the High Court of Ireland...

Timely Application to Set Aside Third Party Proceedings: An Analysis of Kilcoyne v McHale ([2021] IEHC 844)

Date: Dec 22, 2021

Timely Application to Set Aside Third Party Proceedings: An Analysis of Kilcoyne v McHale ([2021] IEHC 844) Introduction The High Court of Ireland, on December 21, 2021, delivered a pivotal judgment...

Reaffirmation of Cross-Border Merger Effectiveness and Non-Retrospectivity: Brazil v Ireland & Ors [2021] IEHC 843

Date: Dec 22, 2021

Reaffirmation of Cross-Border Merger Effectiveness and Non-Retrospectivity: Brazil v Ireland & Ors [2021] IEHC 843 Introduction Brazil v Ireland & Ors ([2021] IEHC 843) is a landmark decision...

Supreme Court Establishes Incompatibility of Boilerplate Mortgage Clauses with EU Consumer and Data Protection Law

Date: Dec 22, 2021

Supreme Court Establishes Incompatibility of Boilerplate Mortgage Clauses with EU Consumer and Data Protection Law Introduction The case of Hennelly v. The Governor of Mountjoy Prison...

Attorney General’s Role as Guardian of Public Interest in Environmental Judicial Reviews: An Taisce v An Bord Pleanala [2021] IESC 83

Date: Dec 22, 2021

Attorney General’s Role as Guardian of Public Interest in Environmental Judicial Reviews: An Taisce v An Bord Pleanala [2021] IESC 83 Introduction The Supreme Court of Ireland delivered a pivotal...

Proper Assessment of Employment Prospects under s.3(6)(f) Confirmed in Talukder v Minister for Justice

Date: Dec 22, 2021

Proper Assessment of Employment Prospects under s.3(6)(f) Confirmed in Talukder v Minister for Justice Introduction Talukder v Minister for Justice (Approved) [2021] IEHC 835 is a pivotal judgment...

Director Restrictions in Insolvency: Meridian Motors Ltd v Companies Act, 2014 [2021] IEHC 826

Date: Dec 22, 2021

Director Restrictions in Insolvency: Meridian Motors Ltd v Companies Act, 2014 [2021] IEHC 826 Introduction The case of Meridian Motors Ltd (in liquidation) v Companies Act, 2014 ([2021] IEHC 826)...

Generator Source Ltd v IGSTSP Ltd T/A 360: Liabilities for Procedural Errors in Out-of-Jurisdiction Service

Date: Dec 22, 2021

Generator Source Ltd v IGSTSP Ltd T/A 360: Liabilities for Procedural Errors in Out-of-Jurisdiction Service Introduction The case Generator Source Limited Liability Partnership (Trading as Diesel...

Extradition and Human Rights: High Court Sets New Standard on Article 3 ECHR Compliance – Attorney General v Gindea

Date: Dec 21, 2021

Extradition and Human Rights: High Court Sets New Standard on Article 3 ECHR Compliance – Attorney General v Gindea Introduction Attorney General v Gindea (Approved) ([2021] IEHC 828) is a pivotal...

Redefining Consumer Status: Insights from Allied Irish Banks Plc v. O’Callaghan

Date: Dec 21, 2021

Redefining Consumer Status: Insights from Allied Irish Banks Plc v. O’Callaghan Introduction The Supreme Court of Ireland's decision in Allied Irish Banks Plc v. O’Callaghan ([2021] IESCDET 137)...

Health Service Executive v Ms. A [2021] IEHC 836: Landmark Ruling on Coercive Treatment in Wardship Cases

Date: Dec 21, 2021

Health Service Executive v Ms. A [2021] IEHC 836: Landmark Ruling on Coercive Treatment in Wardship Cases Introduction The case of Health Service Executive v Ms. A (Approved) ([2021] IEHC 836)...

High Court Approves Settlement in Fatal Injuries Claim: Balancing Interests of Multiple Dependants

Date: Dec 21, 2021

High Court Approves Settlement in Fatal Injuries Claim: Balancing Interests of Multiple Dependants Introduction The case of Cooney v Health Service Executive (Approved) ([2021] IEHC 754) revolves...

Comprehensive Commentary on Dooley v. Patterson Bannon Architects Ltd & Ors [2021] IEHC 857

Date: Dec 21, 2021

Dooley v. Patterson Bannon Architects Ltd & Ors (Approved) ([2021] IEHC 857): A Comprehensive Commentary Introduction The High Court of Ireland delivered a pivotal judgment on December 20, 2021, in...

Costs in Public Interest Litigation: Insights from Heneghan v Minister for Housing, Planning, and Local Government [2021] IEHC 816

Date: Dec 21, 2021

Costs in Public Interest Litigation: Insights from Heneghan v Minister for Housing, Planning, and Local Government [2021] IEHC 816 Introduction Heneghan v Minister for Housing, Planning, and Local...

Inordinate Delay Leading to Dismissal of Proceedings: Cabot Financial (Ireland) Ltd v Heffernan & Ors [2021] IEHC 823

Date: Dec 21, 2021

Inordinate Delay Leading to Dismissal of Proceedings: Cabot Financial (Ireland) Ltd v Heffernan & Ors [2021] IEHC 823 Introduction The case Cabot Financial (Ireland) Ltd v Heffernan & Ors ([2021]...

Affirmation of Inherent Jurisdiction in Defamation Proceedings: Costello v RTÉ [2021] IEHC 798

Date: Dec 18, 2021

Affirmation of Inherent Jurisdiction in Defamation Proceedings: Costello v Radio Teilifis Éireann [2021] IEHC 798 Introduction In Costello v Radio Teilifis Éireann & Ors (Approved) [2021] IEHC 798,...

Lally v Board of Management of Rosmini Community School: Costs of Interlocutory Applications

Date: Dec 18, 2021

Lally v Board of Management of Rosmini Community School: Costs of Interlocutory Applications Introduction The case of Lally v Board of Management of Rosmini Community School (Approved) ([2021] IEHC...

Severability of Circuit Court Orders and Jurisdiction in Child Welfare Cases: High Court Decision in C.G. v CFA [2021] IEHC 812

Date: Dec 18, 2021

Severability of Circuit Court Orders and Jurisdiction in Child Welfare Cases: High Court Decision in C.G. v Child and Family Agency [2021] IEHC 812 Introduction The case of C.G. v Child and Family...

High Court of Ireland Upholds State's Interpretation of EU Directive on Labour Market Access: Isaku v IPAT & Ors

Date: Dec 18, 2021

High Court of Ireland Upholds State's Interpretation of EU Directive on Labour Market Access: Isaku v IPAT & Ors Introduction In the landmark case Isaku v International Protection Appeals Tribunal &...