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  • Commentaries

Ireland Case Commentaries

A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications

A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications

Date: Feb 20, 2025
A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications Introduction The judgment in In the Matter of [A], and In the Matter of the Inherent Jurisdiction of the High...
Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings

Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings

Date: Feb 19, 2025
Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings Introduction The judgment in J v H (Approved) [2025] IEHC 96 delivered by Mr. Justice Jordan on...
Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals

Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals

Date: Feb 19, 2025
Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals Introduction The Judgment in A.S. & Ors v International Protection Appeals Tribunal & Anor (Approved)...
Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme

Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme

Date: Feb 19, 2025
Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme Introduction The case of Rogers v Director of Public Prosecutions & Ors (Approved) [2025] IEHC 94...
Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity

Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity

Date: Feb 19, 2025
Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity Introduction The case of Health Service Executive v N.D [APUM] ([2025] IEHC 86) is a significant judicial decision...
The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications

The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications

Date: Feb 19, 2025
The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications Introduction In the judgment R.M. v Conneely (Approved) ([2025] IEHC 92), delivered by...
Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court

Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court

Date: Feb 19, 2025
Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court Introduction In the judgment of Finucane v Clerk of The District Court (Approved)...
Establishing the 'Substantial Grounds' Threshold in Judicial Review of Planning Decisions

Establishing the 'Substantial Grounds' Threshold in Judicial Review of Planning Decisions

Date: Feb 14, 2025
Establishing the "Substantial Grounds" Threshold in Judicial Review of Planning Decisions Introduction The judgment in Reddan v An Bord Pleanala (Approved) [2025] IEHC 172 represents a significant...
New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes

New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes

Date: Feb 14, 2025
New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes Introduction The judgment in In the Matter of A, [A Ward of Court] ([2025] IEHC 112) represents a...
Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals

Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals

Date: Feb 13, 2025
Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals 1. Introduction The judgment in R v C (Appeal of Consent Order) ([2025] IEHC 76) addresses the circumstances in which...
A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC

A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC

Date: Feb 13, 2025
A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC 1. Introduction In the judgment of Irish Skydiving Club CLG & Anor v Irish...
Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75

Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75

Date: Feb 13, 2025
Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75 1. Introduction The High Court Judgment in Everyday Finance DAC v O'Shea ([2025] IEHC 75) addresses the...
Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6)

Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6)

Date: Feb 13, 2025
Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6) Introduction Kelly v University College Dublin (Approved) ([2025] IESC 6) is a landmark...
Surrender Under TCAW: High Court Establishes One-Step Test for Fundamental Rights Protection

Surrender Under TCAW: High Court Establishes One-Step Test for Fundamental Rights Protection

Date: Feb 13, 2025
Surrender Under TCAW: High Court Establishes One-Step Test for Fundamental Rights Protection Introduction In the landmark case of Minister for Justice v Dumitri [AKA Cerban] (Approved) ([2025] IEHC...
High Court Upholds the Necessity for Quantified Measures in Climate Action Plans: Friends of the Irish Environment v Minister for Environment (2025) IEHC 61

High Court Upholds the Necessity for Quantified Measures in Climate Action Plans: Friends of the Irish Environment v Minister for Environment (2025) IEHC 61

Date: Feb 13, 2025
High Court Upholds the Necessity for Quantified Measures in Climate Action Plans: Friends of the Irish Environment v Minister for Environment (2025) IEHC 61 Introduction In the landmark case of...
DD v Minister for Justice [2025] IEHC 67: High Court Affirms Strict Interpretation of Section 16 Discretion in Naturalisation Applications

DD v Minister for Justice [2025] IEHC 67: High Court Affirms Strict Interpretation of Section 16 Discretion in Naturalisation Applications

Date: Feb 13, 2025
DD v Minister for Justice [2025] IEHC 67 High Court Affirms Strict Interpretation of Section 16 Discretion in Naturalisation Applications Introduction In the case of DD v Minister for Justice ([2025]...
High Court Establishes Precedent on Disincentives to Switching in Electronic Communications Contracts

High Court Establishes Precedent on Disincentives to Switching in Electronic Communications Contracts

Date: Feb 13, 2025
High Court Establishes Precedent on Disincentives to Switching in Electronic Communications Contracts Introduction In the landmark case of Commission for Communications Regulation v Virgin Media...
Precedent on Tender Offers and Differential Costs in Multi-Collision Claims

Precedent on Tender Offers and Differential Costs in Multi-Collision Claims

Date: Feb 13, 2025
Precedent on Tender Offers and Differential Costs in Multi-Collision Claims Introduction This commentary examines the High Court’s decision in Rezmuves v Simons ([2025] IEHC 227), which addresses the...
Establishing Damages Assessment Parameters in Online Defamation: The Stillorgan Gas Precedent

Establishing Damages Assessment Parameters in Online Defamation: The Stillorgan Gas Precedent

Date: Feb 12, 2025
Establishing Damages Assessment Parameters in Online Defamation: The Stillorgan Gas Precedent Introduction The case of Stillorgan Gas Heating and Plumbing Ltd v Manning & Anor (Approved) ([2025] IEHC...
Establishing Constructive Trusts in Fiduciary Breaches: Insights from Victoria Hall Management Ltd & Ors v Cox & Ors ([2025] IEHC 55)

Establishing Constructive Trusts in Fiduciary Breaches: Insights from Victoria Hall Management Ltd & Ors v Cox & Ors ([2025] IEHC 55)

Date: Feb 11, 2025
Establishing Constructive Trusts in Fiduciary Breaches: Insights from Victoria Hall Management Ltd & Ors v Cox & Ors ([2025] IEHC 55) Introduction The case of Victoria Hall Management Ltd & Ors v Cox...
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