Ireland Case Commentaries

Establishing Standards for Blind Reviews in Medical Litigation: A Comprehensive Analysis of Wallace v Health Service Executive & Ors [2021] IEHC 681

Date: Oct 27, 2021

Establishing Standards for Blind Reviews in Medical Litigation: A Comprehensive Analysis of Wallace v Health Service Executive & Ors [2021] IEHC 681 Introduction Wallace v Health Service Executive &...

Costello v The Government of Ireland: A Landmark Decision on Legal Costs in Constitutional Litigation

Date: Oct 27, 2021

Costello v The Government of Ireland: A Landmark Decision on Legal Costs in Constitutional Litigation Introduction Costello v The Government of Ireland & Ors (Approved) ([2021] IEHC 675) is a pivotal...

Clarifying Design Envelope Flexibility in Irish Planning Law: Insights from Sweetman v An Bord Pleanála [2021] IEHC 662

Date: Oct 27, 2021

Clarifying Design Envelope Flexibility in Irish Planning Law: Insights from Sweetman v An Bord Pleanála [2021] IEHC 662 Introduction The case Sweetman v An Bord Pleanála & Ors (Approved) ([2021] IEHC...

Recognition of Pre-Committal Cohabitation Periods in Estate Provision: CD v BB [2021] IEHC 684

Date: Oct 23, 2021

Recognition of Pre-Committal Cohabitation Periods in Estate Provision: CD v BB [2021] IEHC 684 Introduction The case CD v BB (Approved) [2021] IEHC 684 was adjudicated by the High Court of Ireland on...

Robinson v Minister for Defence: Establishing the Limits of Discretion in Military Promotions

Date: Oct 23, 2021

Robinson v Minister for Defence: Establishing the Limits of Discretion in Military Promotions Introduction The case of Robinson v Minister for Defence & Ors (Approved) ([2021] IEHC 672) adjudicated...

Protecting Fair Procedures: High Court Prohibits Prosecution Under Incorrect Charge in Ryan v DPP

Date: Oct 23, 2021

Protecting Fair Procedures: High Court Prohibits Prosecution Under Incorrect Charge in Ryan v DPP Introduction Ryan v Director of Public Prosecutions (Approved) ([2021] IEHC 673) is a landmark case...

Establishing Procedural Requirements for Proofs of Debt in Bankruptcy: Dixon v Lehane & Anor [2021] IEHC 658

Date: Oct 22, 2021

Establishing Procedural Requirements for Proofs of Debt in Bankruptcy: Dixon v Lehane & Anor [2021] IEHC 658 Introduction Dixon v Lehane & Anor (Approved) ([2021] IEHC 658) is a pivotal case...

Smith v Cunningham & Ors [2021] IECA 268: Clarifying Statute of Limitations on Negligence Claims in Property Transactions

Date: Oct 21, 2021

Smith v Cunningham & Ors [2021] IECA 268: Clarifying Statute of Limitations on Negligence Claims in Property Transactions Introduction Smith v Cunningham & Ors is a pivotal case adjudicated by the...

Strict Pleading Requirements Affirmed in Ballyboden Tidy Towns v An Bord Pleanála: Implications for Environmental Judicial Reviews

Date: Oct 21, 2021

Strict Pleading Requirements Affirmed in Ballyboden Tidy Towns Group v An Bord Pleanála: Implications for Environmental Judicial Reviews Introduction The case of Ballyboden Tidy Towns Group v An Bord...

High Court Affirms Protection of Tenant’s New Tenancy Claims Despite Landlord’s Redevelopment Plans Pending Legal Proceedings

Date: Oct 21, 2021

High Court Affirms Protection of Tenant’s New Tenancy Claims Despite Landlord’s Redevelopment Plans Pending Legal Proceedings Introduction In the landmark case of Clydaville Investments LTD v Setanta...

Affirmation of Jury Instruction Standards in Careless Driving Cases: DPP v Irabor

Date: Oct 20, 2021

Affirmation of Jury Instruction Standards in Careless Driving Cases: Director of Public Prosecutions v Irabor Introduction In the landmark case Director of Public Prosecutions v Irabor (Approved)...

Dogan v Minister for Justice (Approved) ([2021] IEHC 692) - Comprehensive Legal Commentary

Date: Oct 19, 2021

Dogan v Minister for Justice (Approved) ([2021] IEHC 692): Establishing the Right to Work Beyond Visa Expiry under Decision 1/80 Introduction The case of Dogan v Minister for Justice (Approved)...

Strict Criteria for Leapfrog Appeals Reinforced by Supreme Court in Mooney v. Permanent TSB

Date: Oct 19, 2021

Strict Criteria for Leapfrog Appeals Reinforced by Supreme Court in Mooney v. Permanent TSB Introduction The Supreme Court of Ireland, in the case of Permanent TSB Formerly Irish Life & Permanent PLC...

HSE's Failure to Provide Appropriate Care for Disabled Child Upheld in Y & Anor v HSE

Date: Oct 19, 2021

Health Service Executive’s Negligence Affirmed in Y & Anor v Health and Safety Executive (Approved) Introduction The case of Y & Anor v Health and Safety Executive (Approved) ([2021] IEHC 803)...

Reaffirmation of the Legal Aid - Custody Issues Scheme for Minor Appellants in Custody

Date: Oct 16, 2021

Reaffirmation of the Legal Aid - Custody Issues Scheme for Minor Appellants in Custody: M v Director of Oberstown Children's Detention Centre & Ors Introduction The case of M v Director of Oberstown...

Interlocutory Injunctions in Bankruptcy: Insights from Larkin v Gaynor (2021) IEHC 676

Date: Oct 16, 2021

Interlocutory Injunctions in Bankruptcy: Insights from Larkin v Gaynor (2021) IEHC 676 Introduction The case of Larkin v Gaynor (Approved) ([2021] IEHC 676) addresses critical issues surrounding the...

Presumption of Regularity in Admitting Lost Wills to Probate: Kinsella v Succession Act, 1965 [2021] IEHC 657

Date: Oct 15, 2021

Presumption of Regularity in Admitting Lost Wills to Probate: Kinsella v Succession Act, 1965 [2021] IEHC 657 Introduction The case of Kinsella v Succession Act, 1965 ([2021] IEHC 657) adjudicated by...

Res Judicata and Locus Standi in Possession Proceedings: Insights from Pepper Finance Corporation v Persons Unknown [2021] IECA 258

Date: Oct 15, 2021

Res Judicata and Locus Standi in Possession Proceedings: Insights from Pepper Finance Corporation v Persons Unknown [2021] IECA 258 Introduction The case of Pepper Finance Corporation (Ireland) DAC v...

High Court Upholds Validity of EIA Estimates and Reinforces Precautionary Principle in Hellfire Massy Residents v An Bord Pleanála [2021] IEHC 636

Date: Oct 14, 2021

High Court Upholds Validity of EIA Estimates and Reinforces Precautionary Principle in Hellfire Massy Residents v An Bord Pleanála [2021] IEHC 636 Introduction The case of Hellfire Massy Residents...

Direct Supreme Court Appeals in International Protection Cases: N.C.D.S. v. The International Protection Appeals Tribunal & Ors (2021)

Date: Oct 14, 2021

Direct Supreme Court Appeals in International Protection Cases: N.C.D.S. v. The International Protection Appeals Tribunal & Ors (2021) Introduction The case of N.C.D.S. v. The International...