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  • Commentaries

Ireland Case Commentaries

Subjective Knowledge Requirement for Excluding Liability under the MIBI Agreement: Insights from Tumusabeyezu v. Muresan & Anor [2020] IEHC 555

Subjective Knowledge Requirement for Excluding Liability under the MIBI Agreement: Insights from Tumusabeyezu v. Muresan & Anor [2020] IEHC 555

Date: Oct 31, 2020
Subjective Knowledge Requirement for Excluding Liability under the MIBI Agreement Tumusabeyezu v. Muresan & Anor [2020] IEHC 555 Introduction In the High Court of Ireland case Tumusabeyezu v. Muresan...
Impact of Statute of Limitations and Delay on Misfeasance Claims under the Companies Act: Grant v. McCarthy & Anor

Impact of Statute of Limitations and Delay on Misfeasance Claims under the Companies Act: Grant v. McCarthy & Anor

Date: Oct 31, 2020
Impact of Statute of Limitations and Delay on Misfeasance Claims under the Companies Act: Grant v. McCarthy & Anor Introduction Grant v. McCarthy & Anor is a significant judgment delivered by Ms....
Inherent Jurisdiction to Stay Proceedings in Overlapping Litigation: Vodafone Ireland Ltd v. Rigney Dolphin Ltd [2020] IEHC 556

Inherent Jurisdiction to Stay Proceedings in Overlapping Litigation: Vodafone Ireland Ltd v. Rigney Dolphin Ltd [2020] IEHC 556

Date: Oct 31, 2020
Inherent Jurisdiction to Stay Proceedings in Overlapping Litigation: Vodafone Ireland Ltd v. Rigney Dolphin Ltd [2020] IEHC 556 Introduction The case of Vodafone Ireland Ltd v. Rigney Dolphin Ltd...
Assessment of Damages in Twomey v. Jeral Ltd & ors [2020] IEHC 676

Assessment of Damages in Twomey v. Jeral Ltd & ors [2020] IEHC 676

Date: Oct 30, 2020
Assessment of Damages in Twomey v. Jeral Ltd & ors [2020] IEHC 676 Introduction The case of Twomey v. Jeral Ltd & ors ([2020] IEHC 676) was adjudicated in the High Court of Ireland on October 29,...
Security for Costs in Discovery: Establishing New Standards in Betty Martin Financial Services Ltd v. EBS DAC (Approved) [2020] IEHC 543

Security for Costs in Discovery: Establishing New Standards in Betty Martin Financial Services Ltd v. EBS DAC (Approved) [2020] IEHC 543

Date: Oct 30, 2020
Security for Costs in Discovery: Establishing New Standards in Betty Martin Financial Services Ltd v. EBS DAC (Approved) [2020] IEHC 543 Introduction The case of Betty Martin Financial Services Ltd...
High Court of Ireland Refines Standards for Equitable Relief in Commercial Lease Forfeiture Cases

High Court of Ireland Refines Standards for Equitable Relief in Commercial Lease Forfeiture Cases

Date: Oct 29, 2020
High Court of Ireland Refines Standards for Equitable Relief in Commercial Lease Forfeiture Cases Introduction The case of Hafeez v. CPM Consulting Ltd (Approved) ([2020] IEHC 536) adjudicated by the...
Interlocutory Injunctions and Lease Disputes: Oysters Shuckers Ltd v Architecture Manufacture Support (EU) Ltd [2020] IEHC 527

Interlocutory Injunctions and Lease Disputes: Oysters Shuckers Ltd v Architecture Manufacture Support (EU) Ltd [2020] IEHC 527

Date: Oct 24, 2020
Interlocutory Injunctions and Lease Disputes: Oysters Shuckers Ltd v Architecture Manufacture Support (EU) Ltd [2020] IEHC 527 Introduction The case of Oysters Shuckers Limited T/A Klaw v...
Preserving Child Welfare in Custodial Contempt: P.M. v. E.M. [2020] IEHC 700

Preserving Child Welfare in Custodial Contempt: P.M. v. E.M. [2020] IEHC 700

Date: Oct 24, 2020
Preserving Child Welfare in Custodial Contempt: P.M. v. E.M. [2020] IEHC 700 Introduction The case of P.M. v. E.M. (Approved) [2020] IEHC 700 was adjudicated by the High Court of Ireland on October...
Judicial Review Leave and Stay Protocol in Planning Decisions: North Westmeath Turbine Action Group v. Westmeath County Council & ors [2020] IEHC 505

Judicial Review Leave and Stay Protocol in Planning Decisions: North Westmeath Turbine Action Group v. Westmeath County Council & ors [2020] IEHC 505

Date: Oct 23, 2020
Judicial Review Leave and Stay Protocol in Planning Decisions North Westmeath Turbine Action Group v. Westmeath County Council & ors [2020] IEHC 505 Introduction In the landmark case of North...
Judicial Review Upholds Board's Discretion on Material Contravention in Strategic Housing Developments: Morris v. An Bord Pleanala [2020] IEHC 529

Judicial Review Upholds Board's Discretion on Material Contravention in Strategic Housing Developments: Morris v. An Bord Pleanala [2020] IEHC 529

Date: Oct 23, 2020
Judicial Review Upholds Board's Discretion on Material Contravention in Strategic Housing Developments Case: Morris v. An Bord Pleanala ([2020] IEHC 529) Court: High Court of Ireland Date: 22 October...
Receivership Appointments Valid Through Written Instruments: Fenell v. Boles & Ors [2020] IEHC 534

Receivership Appointments Valid Through Written Instruments: Fenell v. Boles & Ors [2020] IEHC 534

Date: Oct 22, 2020
Receivership Appointments Valid Through Written Instruments: Fenell v. Boles & Ors [2020] IEHC 534 Introduction Fenell v. Boles & Ors [2020] IEHC 534 is a significant case adjudicated by the High...
High Court Upholds Best Interests of Children in Relocation Case

High Court Upholds Best Interests of Children in Relocation Case

Date: Oct 22, 2020
High Court Upholds Best Interests of Children in Relocation Case Introduction In the landmark case of Q v. P (Approved) ([2020] IEHC 524), the High Court of Ireland addressed a pivotal issue in...
Roc Visiontech Ltd v. Mooney & Anor: Clarifying the Standards for Personal Guarantees in Summary Judgments

Roc Visiontech Ltd v. Mooney & Anor: Clarifying the Standards for Personal Guarantees in Summary Judgments

Date: Oct 22, 2020
Roc Visiontech Ltd v. Mooney & Anor: Clarifying the Standards for Personal Guarantees in Summary Judgments Introduction Roc Visiontech Ltd v. Mooney & Anor ([2020] IEHC 530) is a significant High...
Interpretation and Application of Interim Barring Orders under the Domestic Violence Act 2018: The X v Y Case

Interpretation and Application of Interim Barring Orders under the Domestic Violence Act 2018: The X v Y Case

Date: Oct 22, 2020
Interpretation and Application of Interim Barring Orders under the Domestic Violence Act 2018: The X v Y Case Introduction The case of X v. Y ([2020] IEHC 525) adjudicated by the High Court of...
Occupiers’ Liability in Public Open Spaces: The Mulcahy v Cork City Council [2020] IEHC 547 Decision

Occupiers’ Liability in Public Open Spaces: The Mulcahy v Cork City Council [2020] IEHC 547 Decision

Date: Oct 22, 2020
Occupiers’ Liability in Public Open Spaces: The Mulcahy v Cork City Council [2020] IEHC 547 Decision Introduction The case of Mulcahy v. Cork City Council ([2020] IEHC 547) is a significant judicial...
Clarifying the Objective Test for Judicial Recusal: Insights from O'Connell v. Financial Services Ombudsman (2020)

Clarifying the Objective Test for Judicial Recusal: Insights from O'Connell v. Financial Services Ombudsman (2020)

Date: Oct 21, 2020
Clarifying the Objective Test for Judicial Recusal: Insights from O'Connell v. Financial Services Ombudsman (2020) Introduction The case of O'Connell v. Financial Services and Pensions Ombudsman...
Public Interest Prevails Over Individual Rights in EAW Surrender: Commentary on Minister v. Zegarek [2020] IEHC 532

Public Interest Prevails Over Individual Rights in EAW Surrender: Commentary on Minister v. Zegarek [2020] IEHC 532

Date: Oct 21, 2020
Public Interest Prevails Over Individual Rights in EAW Surrender: Commentary on Minister for Justice and Equality v. Zegarek [2020] IEHC 532 Introduction The case of Minister for Justice and Equality...
Establishing Credibility Standards in Refugee Claims: Analysis of RK v. International Protection Appeals Tribunal & ors [2020] IEHC 522

Establishing Credibility Standards in Refugee Claims: Analysis of RK v. International Protection Appeals Tribunal & ors [2020] IEHC 522

Date: Oct 21, 2020
Establishing Credibility Standards in Refugee Claims: Analysis of RK v. International Protection Appeals Tribunal & ors [2020] IEHC 522 Introduction The case of RK v. The International Protection...
Judicial Immunity from Costs in Judicial Review Proceedings: Kilty v. Judge Dunne ([2020] IESC 65)

Judicial Immunity from Costs in Judicial Review Proceedings: Kilty v. Judge Dunne ([2020] IESC 65)

Date: Oct 21, 2020
Judicial Immunity from Costs in Judicial Review Proceedings: Kilty v. Judge Dunne ([2020] IESC 65) Introduction Kilty v. Judge Dunne ([2020] IESC 65) is a landmark decision by the Supreme Court of...
Lawfulness of Detention Procedures under Article 40.4.2° - C.I. v. Dun Laoghaire Garda Station [2020] IEHC 512

Lawfulness of Detention Procedures under Article 40.4.2° - C.I. v. Dun Laoghaire Garda Station [2020] IEHC 512

Date: Oct 21, 2020
Lawfulness of Detention Procedures under Article 40.4.2° Introduction The case C.I. v. The Member in Charge of Dun Laoghaire Garda Station [2020] IEHC 512 was adjudicated by the High Court of Ireland...
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