Ireland Case Commentaries

Clarifying ‘Just and Equitable’ Restoration: Allenton Properties Ltd v Companies Act, 2014 [2021] IEHC 720

Date: Nov 17, 2021

Clarifying ‘Just and Equitable’ Restoration: Allenton Properties Ltd v Companies Act, 2014 [2021] IEHC 720 Introduction The case of Allenton Properties Ltd v Companies Act, 2014 [2021] IEHC 720,...

Leave to Appeal in Judicial Review of Planning Decisions: Insights from Save Cork Community Association CLG v An Bord Pleanála & Ors [2021] IEHC 700

Date: Nov 17, 2021

Leave to Appeal in Judicial Review of Planning Decisions: Insights from Save Cork Community Association CLG v An Bord Pleanála & Ors [2021] IEHC 700 Introduction The case of Save Cork Community...

Double Criminality and the European Arrest Warrant: Insights from Minister for Justice and Equality v Connors [2021] IEHC 758

Date: Nov 17, 2021

Double Criminality and the European Arrest Warrant: Insights from Minister for Justice and Equality v Connors [2021] IEHC 758 Introduction The case of Minister for Justice and Equality v Connors...

Establishing 'Relevant Debt' in Personal Insolvency: Insights from Drew v Personal Insolvency Acts 2012-2015 [2021] IEHC 710

Date: Nov 16, 2021

Establishing 'Relevant Debt' in Personal Insolvency: Insights from Drew v Personal Insolvency Acts 2012-2015 [2021] IEHC 710 Introduction The High Court of Ireland delivered a significant judgment on...

Security for Costs in Cross-Claims: Airscape LTD & Anor v Instant Upright LTD Judgment Commentary

Date: Nov 13, 2021

Security for Costs in Cross-Claims: Airscape LTD & Anor v Instant Upright LTD Judgment Commentary Introduction The case of Airscape Limited & Anor v Instant Upright Limited ([2021] IEHC 706)...

Mandatory Compliance with Section 75(3) in Children Court Proceedings: High Court Decision in DPP v Dublin Metropolitan District Court [2021] IEHC 705

Date: Nov 13, 2021

Mandatory Compliance with Section 75(3) in Children Court Proceedings: High Court Decision in DPP v Dublin Metropolitan District Court [2021] IEHC 705 Introduction The landmark judgment in Director...

Reaffirmation of Constitutional Standards in Unfair Dismissal Claims: Burke v An Adjudication Officer [2021] IEHC 667

Date: Nov 12, 2021

Reaffirmation of Constitutional Standards in Unfair Dismissal Claims: Burke v An Adjudication Officer [2021] IEHC 667 Introduction In the case of Burke v An Adjudication Officer & Anor (Approved)...

Comprehensive Legal Commentary on Kilcurrane Business Centre LTD v Companies Acts (Approved) [2021] IEHC 701

Date: Nov 11, 2021

Establishing Director's Loans and Insolvency: Insights from Kilcurrane Business Centre LTD v Companies Acts (Approved) [2021] IEHC 701 Introduction The case of Kilcurrane Business Centre LTD v...

Language Impact Requirements in Gaeltacht Planning: High Court Sets New Precedent

Date: Nov 11, 2021

Language Impact Requirements in Gaeltacht Planning: High Court Sets New Precedent Introduction The case of Comharchumann Rath Cairn Teoranta v An Bord Pleanala (Approved) ([2021] IEHC 703) was...

Supreme Court Reaffirms Strict Approach to Granting Leapfrog Appeals: Moore v. An Bord Pleanála

Date: Nov 11, 2021

Supreme Court Reaffirms Strict Approach to Granting Leapfrog Appeals: Moore v. An Bord Pleanála Introduction The case of Moore v. An Bord Pleanála, The Minister for Communications, Climate Action and...

Murphy v. Garda Síochána Ombudsman Commission: Upholding Judicial Review Standards

Date: Nov 11, 2021

Murphy v. Garda Síochána Ombudsman Commission: Upholding Judicial Review Standards Introduction Murphy v. Garda Síochána Ombudsman Commission and Garda Commissioner and Ors ([2021] IESCDET 126) is a...

Supreme Court Affirms Causation Standards and Limits on Post-Deliberation Evidence in DPP v. Outram

Date: Nov 10, 2021

Supreme Court Affirms Causation Standards and Limits on Post-Deliberation Evidence in Director of Public Prosecutions v. Outram Introduction The Supreme Court of Ireland, in its 2021 decision titled...

Judicial Continuity and Objective Bias: Murphy v. Director of Public Prosecutions ([2021] IESC 75)

Date: Nov 10, 2021

Judicial Continuity and Objective Bias: Murphy v. Director of Public Prosecutions ([2021] IESC 75) Introduction The Supreme Court of Ireland delivered its judgment on November 9, 2021, in the case of...

Occupier's Liability and Duty of Maintenance: High Court Decision in Ahmed v Castlegrange Management Company Ltd [2021] IEHC 704

Date: Nov 10, 2021

Occupier's Liability and Duty of Maintenance: High Court Decision in Ahmed v Castlegrange Management Company Ltd [2021] IEHC 704 Introduction Ahmed v Castlegrange Management Company Ltd by Guarantee...

Balancing Convenience and Probable Success in Interlocutory Injunctions: Connors v Kinsella & ors [2021] IEHC 696

Date: Nov 9, 2021

Balancing Convenience and Probable Success in Interlocutory Injunctions: Connors v Kinsella & ors [2021] IEHC 696 Introduction Connors v Kinsella & ors (Approved) [2021] IEHC 696 is a significant...

Keane v. McGann Groundworks Limited: Refusal to Grant Leave to Appeal on Solicitor's Lien and Quistclose Trust Arguments

Date: Nov 9, 2021

Keane v. McGann Groundworks Limited: Refusal to Grant Leave to Appeal on Solicitor's Lien and Quistclose Trust Arguments Introduction The case of Keane v. McGann Groundworks Limited ([2021] IESCDET...

Nolan & Ors v Dildar LTD & Ors (Approved) ([2021] IEHC 697): Establishing Precedent on Document Production Powers under Order 31 Rules 14 and 15

Date: Nov 9, 2021

Nolan & Ors v Dildar LTD & Ors (Approved) ([2021] IEHC 697): Establishing Precedent on Document Production Powers under Order 31 Rules 14 and 15 Introduction Nolan & Ors v Dildar LTD & Ors is a...

Clarifying the "Have Regard To" Obligation in Planning Law: Insights from Cork County Council v Minister for Local Government and Planning & Ors (2021) IEHC 683

Date: Nov 6, 2021

Clarifying the "Have Regard To" Obligation in Planning Law: Insights from Cork County Council v Minister for Local Government and Planning & Ors (2021) IEHC 683 Introduction The case of Cork County...

Blameworthy Prosecutorial Delay Determines Trial Proceeding: Ward v Judges of the Dublin Circuit Criminal Court & Anor

Date: Nov 6, 2021

Blameworthy Prosecutorial Delay Determines Trial Proceeding: Ward v Judges of the Dublin Circuit Criminal Court & Anor Introduction The case of Ward v Judges of the Dublin Circuit Criminal Court &...

Enhanced Duty to Provide Adequate Reasons in Administrative Decisions: Insights from Delaney v Irish Prison Service & Ors ([2021] IEHC 702)

Date: Nov 6, 2021

Enhanced Duty to Provide Adequate Reasons in Administrative Decisions: Insights from Delaney v Irish Prison Service & Ors ([2021] IEHC 702) Introduction The case of Delaney v Irish Prison Service &...