Ireland Case Commentaries

Establishing Criteria for Adjudication in Bankruptcy: Insights from Kilduff v K.J. [2021] IEHC 709

Date: Nov 24, 2021

Establishing Criteria for Adjudication in Bankruptcy: Insights from Kilduff v K.J. [2021] IEHC 709 Introduction The case of Kilduff v K.J. [2021] IEHC 709 pertains to the High Court of Ireland's...

Adoption Authority of Ireland v OA (A Minor) (Approved) [2021] IEHC 829: Interpreting Section 30 in Adoption Without Parental Consultation

Date: Nov 24, 2021

Adoption Authority of Ireland v OA (A Minor) (Approved) [2021] IEHC 829: Interpreting Section 30 in Adoption Without Parental Consultation Introduction The case of Adoption Authority of Ireland v OA...

Shift in Burden of Proof in Judicial Reviews of Public Health Measures: O'Doherty and Waters v. Minister for Health

Date: Nov 24, 2021

Shift in Burden of Proof in Judicial Reviews of Public Health Measures: O'Doherty and Waters v. Minister for Health Introduction The case of O’Doherty and Waters v. The Minister for Health, Ireland...

Surrender of Respondent Under European Arrest Warrants: Minister for Justice and Equality v Lizurej [2021] IEHC 742

Date: Nov 23, 2021

Surrender of Respondent Under European Arrest Warrants: Minister for Justice and Equality v Lizurej [2021] IEHC 742 Introduction The case of Minister for Justice and Equality v Leszek Stefan Lizurej...

ECHR Article 8 Considerations in European Arrest Warrant Surrender: Minister for Justice v Kowalczyk

Date: Nov 23, 2021

ECHR Article 8 Considerations in European Arrest Warrant Surrender: Minister for Justice v Kowalczyk Introduction The case of Minister for Justice v Kowalczyk (Approved) ([2021] IEHC 738) before the...

Murphy v Chief Appeals Officer: New Precedent on Costs Allocation in Judicial Review Proceedings Involving Notice Parties

Date: Nov 23, 2021

Murphy v Chief Appeals Officer: New Precedent on Costs Allocation in Judicial Review Proceedings Involving Notice Parties Introduction The case of Murphy v Chief Appeals Officer (Social Welfare...

Comprehensive Commentary on Odum & Ors v Minister for Justice & Equality (Approved) [2021] IEHC 747

Date: Nov 23, 2021

Strengthening Immigration Control: A Comprehensive Analysis of Odum & Ors v Minister for Justice & Equality [2021] IEHC 747 Introduction Odum & Ors v Minister for Justice & Equality (Approved) [2021]...

Supreme Court Refuses to Grant Leave to Appeal in Brassil v. DPP: Reinforcing Criteria for Leave Applications under Article 34.5.3°

Date: Nov 23, 2021

Supreme Court Refuses to Grant Leave to Appeal in Brassil v. DPP: Reinforcing Criteria for Leave Applications under Article 34.5.3° Introduction The case of Brassil v. The Director of Public...

Hanley v Road Safety Authority: Doctrine of Legitimate Expectations in Traffic Penalties

Date: Nov 23, 2021

Hanley v Road Safety Authority: Doctrine of Legitimate Expectations in Traffic Penalties Introduction Hanley v Road Safety Authority ([2021] IEHC 730) is a pivotal case decided by the High Court of...

Ensuring Compliance with Section 549 in Summary Judgment: Insights from Leonard & Woods Developments Ltd v Pagni

Date: Nov 23, 2021

Ensuring Compliance with Section 549 in Summary Judgment: Insights from Leonard & Woods Developments Ltd v Pagni Introduction The High Court of Ireland delivered a landmark judgment in the case of...

Molyneaux v Financial Services and Pensions Ombudsman: High Court Upholds Remittal for Proper Interpretation of Pension Scheme

Date: Nov 20, 2021

Molyneaux v Financial Services and Pensions Ombudsman: High Court Upholds Remittal for Proper Interpretation of Pension Scheme Introduction Molyneaux v Financial Services and Pensions Ombudsman...

High Court Sets Precedent on Lifting 'Isaac Wunder' Orders: Lavery v Circuit Judge John Aylmer & Ors [2021] IEHC 722

Date: Nov 19, 2021

High Court Sets Precedent on Lifting 'Isaac Wunder' Orders: Lavery v Circuit Judge John Aylmer & Ors [2021] IEHC 722 Introduction In the landmark case of Lavery v Circuit Judge John Aylmer & Ors...

Cork County Council v Minister for Local Government and Planning & Ors: Establishing the Validity of Development Plan Variations

Date: Nov 19, 2021

Cork County Council v Minister for Local Government and Planning & Ors: Establishing the Validity of Development Plan Variations Introduction The case of Cork County Council v Minister for Local...

Reissuance of Committal Orders Without Renewal: Insights from Hennelly v Governor of Mountjoy Prison [2021] IEHC 723

Date: Nov 19, 2021

Reissuance of Committal Orders Without Renewal: Insights from Hennelly v Governor of Mountjoy Prison [2021] IEHC 723 Introduction Hennelly v Governor of Mountjoy Prison (Approved) ([2021] IEHC 723)...

Cost Allocation in Multi-Defendant Proceedings and the Proper Use of O’Byrne Letters: Insights from Crotty v SAS, AB, and Swedavia AB [2021] IEHC 721

Date: Nov 19, 2021

Cost Allocation in Multi-Defendant Proceedings and the Proper Use of O’Byrne Letters: Insights from Crotty v SAS, AB, and Swedavia AB [2021] IEHC 721 1. Introduction Crotty v SAS, AB, and Swedavia AB...

Ministerial Discretion under Article 17(1) Dublin III Confirmed: Katshibombo v Minister for Justice [2021] IEHC 717

Date: Nov 19, 2021

Ministerial Discretion under Article 17(1) Dublin III Confirmed: Katshibombo v Minister for Justice [2021] IEHC 717 Introduction The case of Katshibombo v Minister for Justice (Approved) [2021] IEHC...

The Necessity of Interrogatories in Civil Proceedings: An Analysis of Secansky v Commissioner of An Garda Síochána [2021] IEHC 731

Date: Nov 19, 2021

The Necessity of Interrogatories in Civil Proceedings: An Analysis of Secansky v Commissioner of An Garda Síochána [2021] IEHC 731 Introduction The case of Secansky v Commissioner of An Garda...

Reaffirming the Conclusive Nature of the Register and Securitization in Mortgage Possession Cases: Commentary on Start Mortgages DAC v Ryan [2021] IEHC 719

Date: Nov 19, 2021

Reaffirming the Conclusive Nature of the Register and Securitization in Mortgage Possession Cases: Commentary on Start Mortgages DAC v Ryan [2021] IEHC 719 Introduction The case of Start Mortgages...

High Court Affirms Constitutionality of Seanad Éireann’s Election System in Heneghan v. Minister for Housing Planning & Local Government & Ors [2021] IEHC 716

Date: Nov 18, 2021

High Court Affirms Constitutionality of Seanad Éireann’s Election System in Heneghan v. Minister for Housing Planning & Local Government & Ors [2021] IEHC 716 Introduction The case of Heneghan v....

Recognition of Foreign Domestic Adoptions in Ireland: Insights from A & Anor v Adoption Authority of Ireland (Approved) ([2021] IEHC 784)

Date: Nov 18, 2021

Recognition of Foreign Domestic Adoptions in Ireland: Insights from A & Anor v Adoption Authority of Ireland (Approved) ([2021] IEHC 784) Introduction The case of A & Anor v Adoption Authority of...