Ireland Case Commentaries

Directive 2008/94 Does Not Compel Redundancy Fund Payments to Workers Employed Without Employment Permits in Ireland

Date: Mar 26, 2026

Directive 2008/94 Does Not Compel Redundancy Fund Payments to Workers Employed Without Employment Permits in Ireland 1. Introduction De Morais v Minister For Social Protection and Ors (Approved)...

Public-Interest Costs After an Unsuccessful Mootness Appeal: Limited Reach of Little and Partial Costs Against “Pathfinder” Litigants

Date: Mar 26, 2026

Public-Interest Costs After an Unsuccessful Mootness Appeal: Limited Reach of Little and Partial Costs Against “Pathfinder” Litigants 1. Introduction This Supreme Court ruling concerns costs only in...

Costs in Mixed-Outcome Commercial Litigation: Supreme Court Applies the “Costs Follow the Event” Default Only to the Appeal Itself

Date: Mar 26, 2026

Costs in Mixed-Outcome Commercial Litigation: Supreme Court Applies the “Costs Follow the Event” Default Only to the Appeal Itself 1. Introduction This ruling concerns costs following the Supreme...

No-Order-as-to-Costs in the Supreme Court for Public-Interest Re-examination of Delay Doctrine (and Attorney General Abides Own Costs)

Date: Mar 26, 2026

No-Order-as-to-Costs in the Supreme Court for Public-Interest Re-examination of Delay Doctrine (and Attorney General Abides Own Costs) 1. Introduction This ruling concerns costs arising from an...

Retrial Orders Under s. 3(1)(c) Must Match the Offence of Conviction as Particularised on the Indictment

Date: Mar 26, 2026

Retrial Orders Under s. 3(1)(c) Must Match the Offence of Conviction as Particularised on the Indictment Case: The People at the suit of the Director of Public Prosecutions v James Flynn (Approved)...

Judicial Review of IPO Decisions: Statutory Appeal Must Be Exhausted Unless There Is a Fundamental Denial of Justice

Date: Mar 26, 2026

Judicial Review of IPO Decisions: Statutory Appeal Must Be Exhausted Unless There Is a Fundamental Denial of Justice 1) Introduction A.B v The Chief Internation Protection Officer & Ors (Approved)...

Judicial Review as a Remedy of Last Resort: Default Duty to Exhaust Adequate Statutory Remedies (Including Social Welfare s. 318 Revision)

Date: Mar 26, 2026

Judicial Review as a Remedy of Last Resort: Default Duty to Exhaust Adequate Statutory Remedies (Including Social Welfare s. 318 Revision) Case: L.A. v The Chief Appeals Officer & Ors (Approved)...

Res Judicata from Unappealed WRC Equal Status Decisions and a Limited Path to Plead Constitutional Challenges to Covid Travel Regulations

Date: Mar 25, 2026

Res Judicata from Unappealed WRC Equal Status Decisions and a Limited Path to Plead Constitutional Challenges to Covid Travel Regulations Introduction Pysz v Department of Health (Approved) [2026]...

Clarificatory-Value Exception to “Costs Follow the Event” on Supreme Court Appeals Between Private Parties

Date: Mar 25, 2026

Clarificatory-Value Exception to “Costs Follow the Event” on Supreme Court Appeals Between Private Parties 1. Introduction This ruling concerns costs only, following the Supreme Court’s earlier...

“Across-the-board” Decision-Making Representative Appointments on Wardship Discharge Where Functional Assessment Finds No Decision-Making Capacity Even With Co-Decision-Making Support

Date: Mar 24, 2026

“Across-the-board” Decision-Making Representative Appointments on Wardship Discharge Where Functional Assessment Finds No Decision-Making Capacity Even With Co-Decision-Making Support 1) Introduction...

Mandatory Discharge from Wardship and Appointment of a Decision-Making Representative Under s.55 of the Assisted Decision-Making (Capacity) Act 2015

Date: Mar 24, 2026

Mandatory Discharge from Wardship and Appointment of a Decision-Making Representative Under s.55 of the Assisted Decision-Making (Capacity) Act 2015 1. Introduction This ex tempore ruling of the High...

Discharge from Wardship with Full-Scope Decision-Making Representative Appointment Where Capacity Is Absent Even with Support

Date: Mar 24, 2026

Discharge from Wardship with Full-Scope Decision-Making Representative Appointment Where Capacity Is Absent Even with Support 1. Introduction This ex tempore ruling of the High Court (Mr Justice Mark...

Section 26 (Civil Liability and Courts Act 2004): No Dismissal Where Third-Party Damage Inflation Is Not the Plaintiff’s Dishonest Evidence

Date: Mar 24, 2026

Section 26 (Civil Liability and Courts Act 2004): No Dismissal Where Third-Party Damage Inflation Is Not the Plaintiff’s Dishonest Evidence 1) Introduction Morrissey v Starrus Eco Holdings Ltd and...

Judicial Review is Not an Elective Alternative to Statutory Appeal (and District Judges Must Not Be Named Without Evidence of Mala Fides)

Date: Mar 20, 2026

Judicial Review is Not an Elective Alternative to Statutory Appeal (and District Judges Must Not Be Named Without Evidence of Mala Fides) 1) Introduction In Q. T. v S. O'F. [2026] IEHC 168, the High...

Staying a Refusal to Restrain a Winding‑Up Petition: No “Status Quo” Relief Without a Bona Fide Arguable Appeal, Creditor-Protection Evidence, and Regard to the Companies Act Regime

Date: Mar 20, 2026

Staying a Refusal to Restrain a Winding‑Up Petition: No “Status Quo” Relief Without a Bona Fide Arguable Appeal, Creditor-Protection Evidence, and Regard to the Companies Act Regime Case: San Leon...

Civil Contemnors as “Prisoners”: Executive Power to Transfer Despite a Named Committal Prison

Date: Mar 19, 2026

Civil Contemnors as “Prisoners”: Executive Power to Transfer Despite a Named Committal Prison 1. Introduction The Board of Management of Wilson's Hospital School v Burke [No. 5] [2026] IEHC 171 is...

Non-Party Discovery of a Garda Complaint in Defamation Proceedings: Discovery Distinguished from Privilege and SLAPP Defences

Date: Mar 19, 2026

Non-Party Discovery of a Garda Complaint in Defamation Proceedings: Discovery Distinguished from Privilege and SLAPP Defences Case: Keegan and Anor v Cummins (Approved) [2026] IEHC 239 (High Court)...

Finality in Possession Litigation: Plenary Proceedings Cannot Collaterally Attack a Concluded Summary Possession Order

Date: Mar 19, 2026

Finality in Possession Litigation: Plenary Proceedings Cannot Collaterally Attack a Concluded Summary Possession Order Case: Connaughton v Start Mortgages Designated Activity Company (Approved)...

Pathological Dependence and the “Weighing” Limb of Capacity: Inherent-Jurisdiction Detention Continued Only to Enable a Least-Restrictive Step-Down Transfer

Date: Mar 19, 2026

Pathological Dependence and the “Weighing” Limb of Capacity: Inherent-Jurisdiction Detention Continued Only to Enable a Least-Restrictive Step-Down Transfer Case: Health Service Executive v A.M....

Gilvarry v Maher [2026] IEHC 157 — Limitation Time in Estate Possession Claims Runs from Administrator’s Appointment and Post-Removal Trespass, Not from Death

Date: Mar 18, 2026

Limitation Time in Estate Possession Claims Runs from Administrator’s Appointment and Post-Removal Trespass, Not from Death Case: Gilvarry v Maher (Approved) [2026] IEHC 157 Court: High Court of...