Ireland Case Commentaries

Defining Habitual Residence in International Child Abduction: A.K. v U.S. Comprehensive Commentary

Date: Dec 15, 2021

Defining Habitual Residence in International Child Abduction: A.K. v U.S. Comprehensive Commentary Introduction The landmark case A.K. v U.S. adjudicated by the High Court of Ireland on December 14,...

Determining Habitual Residence in International Child Abduction: A.K. v U.S.

Date: Dec 15, 2021

Determining Habitual Residence in International Child Abduction: A.K. v U.S. Introduction A.K. v U.S. ([2021] IEHC 845) is a significant decision by the High Court of Ireland addressing the complex...

Discretion under Section 12(1)(i) of the Employment Permits Act 2006: Yeasin v Minister for Business, Enterprise, and Innovation

Date: Dec 14, 2021

Discretion under Section 12(1)(i) of the Employment Permits Act 2006: Yeasin v Minister for Business, Enterprise, and Innovation Introduction The case of Yeasin v Minister for Business, Enterprise,...

Maintaining Appellate Jurisdiction in Consultative Cases Following Judicial Retirement: ELG v HSE

Date: Dec 14, 2021

Maintaining Appellate Jurisdiction in Consultative Cases Following Judicial Retirement: ELG v HSE Introduction The landmark case of ELG & Anor v Health Service Executive (Approved) ([2021] IESC 82)...

Supreme Court of Ireland Establishes Jurisdiction Principles in ELG & Anor v Health Service Executive

Date: Dec 14, 2021

Supreme Court of Ireland Establishes Jurisdiction Principles in ELG & Anor v Health Service Executive Introduction The case of ELG & Anor v Health Service Executive (Approved) ([2021] IESC 82_2)...

Surrender of Respondent under European Arrest Warrant: Minister for Justice v Csiki

Date: Dec 14, 2021

Surrender of Respondent under European Arrest Warrant: Minister for Justice v Csiki Introduction The case of Minister for Justice v Csiki (Approved) ([2021] IEHC 830) before the High Court of Ireland...

High Court Sets Precedent on European Arrest Warrant Surrender Under the European Arrest Warrant Act 2003

Date: Dec 14, 2021

High Court Sets Precedent on European Arrest Warrant Surrender Under the European Arrest Warrant Act 2003 Introduction The case of Minister for Justice v Barrett ([2021] IEHC 827) represents a...

Right to Legal Advice in Non-Mandatory Forensic Sampling: Analysis of DPP v. McDonald

Date: Dec 11, 2021

Right to Legal Advice in Non-Mandatory Forensic Sampling: Analysis of DPP v. McDonald Introduction The case of The Director of Public Prosecutions v. McDonald (2021_IESCDET_135) presents a...

Supreme Court Refusal in Leech v. Independent Newspapers: Upholding Established Taxation Principles

Date: Dec 11, 2021

Supreme Court Refusal in Leech v. Independent Newspapers: Upholding Established Taxation Principles Introduction In the landmark case of Leech v. Independent Newspapers (Ireland) Limited [2021]...

Khan v Minister for Justice: Balancing Marital Rights and State Interests in Immigration Law

Date: Dec 11, 2021

Khan v Minister for Justice: Balancing Marital Rights and State Interests in Immigration Law Introduction Khan v Minister for Justice (Approved) ([2021] IEHC 789) is a significant High Court of...

Interpretation of Section 42(f) of the Freedom of Information Act 2014: Insights from Director of Public Prosecutions v Information Commissioner [2021] IEHC 752

Date: Dec 11, 2021

Interpretation of Section 42(f) of the Freedom of Information Act 2014: Insights from Director of Public Prosecutions v Information Commissioner [2021] IEHC 752 Introduction The case of Director of...

Roche v Teaching Council of Ireland: Cost Allocation and Judicial Review Standards

Date: Dec 11, 2021

Roche v Teaching Council of Ireland: Cost Allocation and Judicial Review Standards Introduction The case of Fiona Roche v Teaching Council of Ireland ([2021] IEHC 753) represents a significant...

Bazsont LTD T/A Starbucks and BVK Highstreet Retail Ltd: Landmark Decision on Discovery under the Landlord and Tenant (Amendment) Act 1980

Date: Dec 11, 2021

Bazsont LTD T/A Starbucks and BVK Highstreet Retail Ltd: Landmark Decision on Discovery under the Landlord and Tenant (Amendment) Act 1980 Introduction In the High Court of Ireland case Bazsont LTD...

Strict Approach to Adjournments in Bankruptcy Proceedings: Beacon Capital LTD & Anor v Carew (Approved) [2021] IEHC 767

Date: Dec 11, 2021

Strict Approach to Adjournments in Bankruptcy Proceedings: Beacon Capital LTD & Anor v Carew (Approved) [2021] IEHC 767 Introduction The case of Beacon Capital LTD & Anor v Carew (Approved) ([2021]...

Establishing Standards for Inordinate and Inexcusable Delay in Professional Negligence Proceedings: Analysis of J. Heery (Joinery) LTD v Grogan & Anor

Date: Dec 11, 2021

Establishing Standards for Inordinate and Inexcusable Delay in Professional Negligence Proceedings: Analysis of J. Heery (Joinery) LTD v Grogan & Anor ([2021] IEHC 820) Introduction The case of J....

Hyland v Medical Council of Ireland: Implications for Voluntary Withdrawal Amid Pending Complaints

Date: Dec 10, 2021

Hyland v Medical Council of Ireland: Implications for Voluntary Withdrawal Amid Pending Complaints Introduction Hyland v Medical Council of Ireland ([2021] IEHC 776) is a pivotal case adjudicated by...

Expansion of Scope in Environmental Judicial Review: Recognizing Indirect Impacts under EIA and Water Framework Directives

Date: Dec 8, 2021

Expansion of Scope in Environmental Judicial Review: Recognizing Indirect Impacts under EIA and Water Framework Directives Introduction The case of An Taisce - The National Trust for Ireland v An...

Inordinate Delay and Balance of Justice in Strike-Out Applications: Insights from McGuinness v Greaney [2021] IEHC 769

Date: Dec 8, 2021

Inordinate Delay and Balance of Justice in Strike-Out Applications: Insights from McGuinness v Greaney [2021] IEHC 769 Introduction The case of McGuinness v Greaney P/A Adrian Greaney & Co Solicitors...

Allocation of Costs in Applications to Amend Pleadings: Insights from Carey v Sweeney [2021] IEHC 751

Date: Dec 8, 2021

Allocation of Costs in Applications to Amend Pleadings: Insights from Carey v Sweeney [2021] IEHC 751 Introduction The case of Donal Carey (Plaintiff) versus Paul Sweeney trading as Sweeney Financial...

Brady v Byrne & Anor (Approved) [2021] IEHC 778: High Court Sets Precedent on Special Circumstances for Extending Summons Renewal

Date: Dec 8, 2021

Brady v Byrne & Anor (Approved) [2021] IEHC 778: High Court Sets Precedent on Special Circumstances for Extending Summons Renewal Introduction In Brady v Byrne & Anor (Approved) ([2021] IEHC 778),...