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  • Commentaries

Ireland Case Commentaries

High Court Clarifies Constitutional Boundaries in Sectoral Employment Orders under Industrial Relations (Amendment) Act 2015

High Court Clarifies Constitutional Boundaries in Sectoral Employment Orders under Industrial Relations (Amendment) Act 2015

Date: Aug 1, 2020
High Court Clarifies Constitutional Boundaries in Sectoral Employment Orders under Industrial Relations (Amendment) Act 2015 Introduction The case Naisiunta Leictreach Contraitheoir Eireann v. The...
Right to Know CLG v. Commissioner for Environmental Information: Establishing Mootness in Access to Environmental Information

Right to Know CLG v. Commissioner for Environmental Information: Establishing Mootness in Access to Environmental Information

Date: Aug 1, 2020
Right to Know CLG v. Commissioner for Environmental Information: Establishing Mootness in Access to Environmental Information Introduction The case Right to Know CLG v. Commissioner for Environmental...
Strict Time Limits for Judicial Review in Planning Decisions: Analysis of Reidy v. An Bord Pleanála [2020] IEHC 423

Strict Time Limits for Judicial Review in Planning Decisions: Analysis of Reidy v. An Bord Pleanála [2020] IEHC 423

Date: Aug 1, 2020
Strict Time Limits for Judicial Review in Planning Decisions: Analysis of Reidy v. An Bord Pleanála [2020] IEHC 423 Introduction The case of Reidy v. An Bord Pleanála [2020] IEHC 423 is a significant...
Clarke v. CGI Food Services Ltd: High Court Affirms Protection for Whistleblowers under the Protected Disclosures Act 2014

Clarke v. CGI Food Services Ltd: High Court Affirms Protection for Whistleblowers under the Protected Disclosures Act 2014

Date: Aug 1, 2020
Clarke v. CGI Food Services Ltd: High Court Affirms Protection for Whistleblowers under the Protected Disclosures Act 2014 Introduction Clarke v. CGI Food Services Ltd & Anor (Approved) [2020] IEHC...
Upheld Policy Directive Excluding Large Vessels from 6NM Zone: Establishing Limits on Ministerial Regulatory Powers in Fisheries Management

Upheld Policy Directive Excluding Large Vessels from 6NM Zone: Establishing Limits on Ministerial Regulatory Powers in Fisheries Management

Date: Aug 1, 2020
Upheld Policy Directive Excluding Large Vessels from 6NM Zone: Establishing Limits on Ministerial Regulatory Powers in Fisheries Management Introduction In the case of Kennedy & anor v. The Minister...
Legal Analysis of O'Shea v. Legal Aid Board & Ors ([2020] IESC 51)

Legal Analysis of O'Shea v. Legal Aid Board & Ors ([2020] IESC 51)

Date: Aug 1, 2020
Court Recommendations Under the Legal Aid – Custody Issues Scheme Not Binding on Board: O'Shea v. Legal Aid Board ([2020] IESC 51) Introduction The Supreme Court of Ireland, in O'Shea v. Legal Aid...
Balancing Public Interest and Retrial Constraints: Insights from Director of Public Prosecutions v. T.N. ([2020] IESC 53)

Balancing Public Interest and Retrial Constraints: Insights from Director of Public Prosecutions v. T.N. ([2020] IESC 53)

Date: Aug 1, 2020
Balancing Public Interest and Retrial Constraints: Insights from Director of Public Prosecutions v. T.N. ([2020] IESC 53) Introduction In the landmark case of Director of Public Prosecutions v. T.N....
Affirmation of Local Authority Powers under the Control of Horses Act 1996: O'Donoghue v. Laois County Council [2020] IEHC 424

Affirmation of Local Authority Powers under the Control of Horses Act 1996: O'Donoghue v. Laois County Council [2020] IEHC 424

Date: Aug 1, 2020
Affirmation of Local Authority Powers under the Control of Horses Act 1996: O'Donoghue v. Laois County Council [2020] IEHC 424 Introduction The case of O'Donoghue v. Laois County Council ([2020] IEHC...
Ensuring Adequate Reasoning in Planning Decision Refusals: Insights from Cekav Trading GP Ltd v. An Bord Pleanála

Ensuring Adequate Reasoning in Planning Decision Refusals: Insights from Cekav Trading GP Ltd v. An Bord Pleanála

Date: Aug 1, 2020
Ensuring Adequate Reasoning in Planning Decision Refusals: Insights from Cekav Trading GP Ltd v. An Bord Pleanála Introduction The case of Cekav Trading GP Ltd v. An Bord Pleanála ([2020] IEHC 400)...
National Climate Change Mitigation Plan Quashed for Lack of Specificity: Rethinking Legislative Compliance and Standing

National Climate Change Mitigation Plan Quashed for Lack of Specificity: Rethinking Legislative Compliance and Standing

Date: Aug 1, 2020
National Climate Change Mitigation Plan Quashed for Lack of Specificity: Rethinking Legislative Compliance and Standing Introduction The Supreme Court of Ireland delivered its judgment in the case of...
Supreme Court of Ireland Establishes Precedent on Fisheries Data Methodology in Nephrops Case

Supreme Court of Ireland Establishes Precedent on Fisheries Data Methodology in Nephrops Case

Date: Aug 1, 2020
Supreme Court of Ireland Establishes Precedent on Fisheries Data Methodology in Nephrops Case Introduction The case of Fitzpatrick & anor v. Minister for Agriculture Food and the Marine & anor...
Comprehensive Commentary on M.H. (Pakistan) v. The International Protection Appeals Tribunal & Ors ([2020] IEHC 364)

Comprehensive Commentary on M.H. (Pakistan) v. The International Protection Appeals Tribunal & Ors ([2020] IEHC 364)

Date: Aug 1, 2020
M.H. (Pakistan) v. The International Protection Appeals Tribunal & Ors ([2020] IEHC 364): Establishing Judicial Boundaries in Immigration Law Introduction The case of M.H. (Pakistan) v. The...
Leapfrog Appeals Directly to the Supreme Court: Bank of Ireland Mortgage Bank v. Cody & anor (2020)

Leapfrog Appeals Directly to the Supreme Court: Bank of Ireland Mortgage Bank v. Cody & anor (2020)

Date: Jul 31, 2020
Leapfrog Appeals Directly to the Supreme Court: Bank of Ireland Mortgage Bank v. Cody & anor (2020) Introduction In the landmark case Bank of Ireland Mortgage Bank v. Cody & anor ([2020] IESCDET 96),...
Delays in Disability Assessments: Judicial Findings in JO'SS (A Minor) v. Health Service Executive [2020] IEHC 405

Delays in Disability Assessments: Judicial Findings in JO'SS (A Minor) v. Health Service Executive [2020] IEHC 405

Date: Jul 31, 2020
Delays in Disability Assessments: Judicial Findings in JO'SS (A Minor) v. Health Service Executive [2020] IEHC 405 Introduction The case of JO'SS (A Minor) v. Health Service Executive (HSE) [2020]...
Surrender Under the European Arrest Warrant: Insights from Minister for Justice v. Kis [2020] IEHC 396

Surrender Under the European Arrest Warrant: Insights from Minister for Justice v. Kis [2020] IEHC 396

Date: Jul 31, 2020
Surrender Under the European Arrest Warrant: Insights from Minister for Justice, Equality & Law Reform v. Kis [2020] IEHC 396 Introduction The case Minister for Justice, Equality & Law Reform v....
DB (A Minor) v. The Health Service Executive [2020]: Clarifying Service Provision Obligations under the Disability Act

DB (A Minor) v. The Health Service Executive [2020]: Clarifying Service Provision Obligations under the Disability Act

Date: Jul 31, 2020
DB (A Minor) v. The Health Service Executive [2020]: Clarifying Service Provision Obligations under the Disability Act Introduction The High Court of Ireland delivered a pivotal judgment on July 30,...
Reaffirmation of Arrest Protocols in Public Order Offenses

Reaffirmation of Arrest Protocols in Public Order Offenses

Date: Jul 31, 2020
Reaffirmation of Arrest Protocols in Public Order Offenses Introduction In the landmark case of The Director of Public Prosecutions v. Bradley (Approved) ([2020] IEHC 466), the High Court of Ireland...
Delaney v Circle K: Strengthening Occupiers’ Duty of Care in Pavement Maintenance

Delaney v Circle K: Strengthening Occupiers’ Duty of Care in Pavement Maintenance

Date: Jul 31, 2020
Delaney v Circle K: Strengthening Occupiers’ Duty of Care in Pavement Maintenance Introduction Delaney v. Circle K Ireland Energy Group Ltd (Formerly Topaz) ([2020] IEHC 453) is a significant case...
Judicial Review Supersedes Statutory Redress Mechanism When the Statutory Procedure Is Inadequate: Insights from CM (A Minor) v. Health Service Executive [2020] IEHC 406

Judicial Review Supersedes Statutory Redress Mechanism When the Statutory Procedure Is Inadequate: Insights from CM (A Minor) v. Health Service Executive [2020] IEHC 406

Date: Jul 31, 2020
Judicial Review Supersedes Statutory Redress Mechanism When the Statutory Procedure Is Inadequate: Insights from CM (A Minor) v. Health Service Executive [2020] IEHC 406 Introduction In the High...
Establishing Criteria for Leapfrog Appeals: Insights from Braney v. Special Criminal Court (2020)

Establishing Criteria for Leapfrog Appeals: Insights from Braney v. Special Criminal Court (2020)

Date: Jul 31, 2020
Establishing Criteria for Leapfrog Appeals: Insights from Braney v. Special Criminal Court & ors (2020) Introduction The case of Kevin Braney versus the Special Criminal Court, the Attorney General,...
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