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  • Commentaries

Ireland Case Commentaries

Clarifying the Audi Alteram Partem Principle in Judicial Reviews: Insights from AA v. The Minister for Justice and Equality [2021] IEHC 85

Clarifying the Audi Alteram Partem Principle in Judicial Reviews: Insights from AA v. The Minister for Justice and Equality [2021] IEHC 85

Date: Feb 2, 2021
Clarifying the Audi Alteram Partem Principle in Judicial Reviews: Insights from AA v. The Minister for Justice and Equality [2021] IEHC 85 Introduction The case of AA v. The Minister for Justice and...
Reaffirmation of 'Costs Follow the Event' Principle in High Court of Ireland: Naudziunas v. OKR Group ([2021] IEHC 42)

Reaffirmation of 'Costs Follow the Event' Principle in High Court of Ireland: Naudziunas v. OKR Group ([2021] IEHC 42)

Date: Feb 2, 2021
Reaffirmation of 'Costs Follow the Event' Principle in High Court of Ireland: Naudziunas v. OKR Group ([2021] IEHC 42) Introduction The High Court of Ireland, in the case of Naudziunas v. OKR Group...
Affirming Robust Scrutiny Before Dismissing Commercial Claims: Airscape Ltd v. Instant Upright Ltd

Affirming Robust Scrutiny Before Dismissing Commercial Claims: Airscape Ltd v. Instant Upright Ltd

Date: Jan 30, 2021
Affirming Robust Scrutiny Before Dismissing Commercial Claims: Airscape Ltd v. Instant Upright Ltd ([2021] IEHC 64) Introduction In the High Court of Ireland decision Airscape Ltd v. Instant Upright...
Clarifying Appellate Jurisdiction in Disability Discrimination Claims: Cunningham v. Irish Prison Service

Clarifying Appellate Jurisdiction in Disability Discrimination Claims: Cunningham v. Irish Prison Service

Date: Jan 30, 2021
Clarifying Appellate Jurisdiction in Disability Discrimination Claims: Cunningham v. Irish Prison Service Introduction The case of Cunningham v. Irish Prison Service ([2021] IECA 19) represents a...
Interlocutory Injunctions in Trespass Cases: Upholding Property Rights in Alfred Beit Foundation v. Egar ([2021] IEHC 65)

Interlocutory Injunctions in Trespass Cases: Upholding Property Rights in Alfred Beit Foundation v. Egar ([2021] IEHC 65)

Date: Jan 30, 2021
Interlocutory Injunctions in Trespass Cases: Upholding Property Rights in Alfred Beit Foundation v. Egar ([2021] IEHC 65) Introduction The High Court of Ireland delivered a significant judgment in...
Lehane v. Wealth Options Ltd: Distinguishing 'Income' and 'Amount of Money Other Than Income' in Pension Arrangements under Bankruptcy Law

Lehane v. Wealth Options Ltd: Distinguishing 'Income' and 'Amount of Money Other Than Income' in Pension Arrangements under Bankruptcy Law

Date: Jan 30, 2021
Lehane v. Wealth Options Ltd: Distinguishing 'Income' and 'Amount of Money Other Than Income' in Pension Arrangements under Bankruptcy Law Introduction The case of Lehane v. Wealth Options Ltd & Anor...
Proper Production and Proof of Statutory Regulations in Prosecutions: Kirby v. Director of Public Prosecutions [2021] IEHC 68

Proper Production and Proof of Statutory Regulations in Prosecutions: Kirby v. Director of Public Prosecutions [2021] IEHC 68

Date: Jan 30, 2021
Proper Production and Proof of Statutory Regulations in Prosecutions: Kirby v. Director of Public Prosecutions [2021] IEHC 68 Introduction In the High Court of Ireland's judgment delivered on January...
Judicial Costs Allocation in McDonald v Irish Prison Service: A New Precedent

Judicial Costs Allocation in McDonald v Irish Prison Service: A New Precedent

Date: Jan 29, 2021
Judicial Costs Allocation in McDonald v Irish Prison Service: A New Precedent Introduction The case of McDonald v Irish Prison Service & Ors; Buckley v. Irish Prison Service & Ors; Dowling v Irish...
Limiting the Scope of Discovery: Insights from McNulty & Anor v. Diakali Ltd & Ors [2021] IEHC 57

Limiting the Scope of Discovery: Insights from McNulty & Anor v. Diakali Ltd & Ors [2021] IEHC 57

Date: Jan 29, 2021
Limiting the Scope of Discovery: Insights from McNulty & Anor v. Diakali Ltd & Ors [2021] IEHC 57 Introduction The case of McNulty & Anor v. Diakali Ltd & Ors ([2021] IEHC 57) adjudicated by the High...
Judgment Commentary: Marriage of Convenience in Immigration Law – VS v. Minister for Justice [2021] IEHC 63

Judgment Commentary: Marriage of Convenience in Immigration Law – VS v. Minister for Justice [2021] IEHC 63

Date: Jan 29, 2021
Judgment Commentary: Marriage of Convenience in Immigration Law – VS v. Minister for Justice [2021] IEHC 63 Introduction The case of VS v. Minister for Justice ([2021] IEHC 63) adjudicated by the...
Loss of Retained Jurisdiction Due to Central Authority Delay: G [2021] IEHC 20

Loss of Retained Jurisdiction Due to Central Authority Delay: G [2021] IEHC 20

Date: Jan 29, 2021
Loss of Retained Jurisdiction Due to Central Authority Delay: G [2021] IEHC 20 Introduction The High Court of Ireland, in the case G (Child Abduction: Retained Jurisdiction Following Non-Return...
Granting Leave to Appeal on Planning Board’s Jurisdiction in Strategic Housing Development: Dublin City Council v. Spencer Place Development Company Ltd (No.2)

Granting Leave to Appeal on Planning Board’s Jurisdiction in Strategic Housing Development: Dublin City Council v. Spencer Place Development Company Ltd (No.2)

Date: Jan 29, 2021
Granting Leave to Appeal on Planning Board’s Jurisdiction in Strategic Housing Development: Dublin City Council v. Spencer Place Development Company Ltd (No.2) Introduction The case of Dublin City...
Avestus Capital Partners v. Stapleford Finance Ltd & Anor: Establishing Protocols for Claimant Substitution

Avestus Capital Partners v. Stapleford Finance Ltd & Anor: Establishing Protocols for Claimant Substitution

Date: Jan 29, 2021
Avestus Capital Partners v. Stapleford Finance Ltd & Anor: Establishing Protocols for Claimant Substitution Introduction Case: Avestus Capital Partners v. Stapleford Finance Ltd & Anor (Approved)...
High Court of Ireland Establishes Rigorous Standards for Planning Permission Compliance

High Court of Ireland Establishes Rigorous Standards for Planning Permission Compliance

Date: Jan 29, 2021
High Court of Ireland Establishes Rigorous Standards for Planning Permission Compliance Introduction The case of O'Neill v. An Bord Pleanála (Approved) ([2021] IEHC 58) adjudicated by the High Court...
Flexibility in Intercountry Adoption: The Child and Family Agency v. The Adoption Authority of Ireland (2021)

Flexibility in Intercountry Adoption: The Child and Family Agency v. The Adoption Authority of Ireland (2021)

Date: Jan 28, 2021
Flexibility in Intercountry Adoption: The Child and Family Agency v. The Adoption Authority of Ireland (2021) – A Comprehensive Analysis Introduction The case The Child and Family Agency & Ors v. The...
Upholding the European Arrest Warrant Framework Post-Brexit: High Court Reinforces Presumption of Compliance

Upholding the European Arrest Warrant Framework Post-Brexit: High Court Reinforces Presumption of Compliance

Date: Jan 28, 2021
Upholding the European Arrest Warrant Framework Post-Brexit: High Court Reinforces Presumption of Compliance Introduction The case of Minister for Justice and Equality v. Fitton (Approved) ([2021]...
Reaffirming High Threshold for Prohibition of Criminal Trials: BK v. DPP [2021] IEHC 48

Reaffirming High Threshold for Prohibition of Criminal Trials: BK v. DPP [2021] IEHC 48

Date: Jan 27, 2021
Reaffirming the High Threshold for Prohibition of Criminal Trials: BK v. DPP [2021] IEHC 48 Introduction BK v. The Director of Public Prosecutions (2021) IEHC 48 is a pivotal case adjudicated by the...
High Court Establishes Correct Methodology for Calculating Net Annual Value in Wind Farm Valuations

High Court Establishes Correct Methodology for Calculating Net Annual Value in Wind Farm Valuations

Date: Jan 27, 2021
High Court Establishes Correct Methodology for Calculating Net Annual Value in Wind Farm Valuations Introduction The case of Commissioner of Valuation v. Hibernian Wind Power Limited (Approved)...
Enforcement of Adjudication Awards under the Construction Contracts Act 2013: Gravity Construction Limited v. Total Highway Maintenance Limited

Enforcement of Adjudication Awards under the Construction Contracts Act 2013: Gravity Construction Limited v. Total Highway Maintenance Limited

Date: Jan 27, 2021
Enforcement of Adjudication Awards under the Construction Contracts Act 2013: Gravity Construction Limited v. Total Highway Maintenance Limited Introduction The case of Gravity Construction Limited...
Security for Costs and Prima Facie Evidence in Insolvent Corporations: Delta Index Limited v. Ayondo Markets Limited [2021] IEHC 52

Security for Costs and Prima Facie Evidence in Insolvent Corporations: Delta Index Limited v. Ayondo Markets Limited [2021] IEHC 52

Date: Jan 27, 2021
Security for Costs and Prima Facie Evidence in Insolvent Corporations: Delta Index Limited v. Ayondo Markets Limited [2021] IEHC 52 Introduction The case of Delta Index Limited v. Ayondo Markets...
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