Ireland Case Commentaries

Judicial Review Threshold and the Scope of “Inspection” of Evidenzer Breath-Testing Apparatus

Date: Aug 1, 2026

Judicial Review Threshold and the Scope of “Inspection” of Evidenzer Breath-Testing Apparatus Case: The Director of Public Prosecutions v Flanagan (Approved) [2026] IEHC 531 Court: High Court of...

Okunade stays in EU-citizen removals: long residence and child contact will not displace the default where serious violent offending heightens the public-interest risk

Date: Aug 1, 2026

Okunade stays in EU-citizen removals: long residence and child contact will not displace the default where serious violent offending heightens the public-interest risk Case: MR v The Minister For...

Section 37(6) Leave to Appeal: A Remedial/Contingency Condition Does Not “Materially Differ” the Development

Date: Aug 1, 2026

Section 37(6) Leave to Appeal: A Remedial/Contingency Condition Does Not “Materially Differ” the Development Case: Breedon Cement Ireland Ltd v An Coimisiún Pleanála and Ors (Approved) [2026] IEHC...

Endorsement-Sheet Signatures and “Foot or End”: Valid Execution of Pre-Printed Wills under s.78 Succession Act 1965

Date: Aug 1, 2026

Endorsement-Sheet Signatures and “Foot or End”: Valid Execution of Pre-Printed Wills under s.78 Succession Act 1965 1) Introduction In The estate of Catherine Rigney Deceased, Re [2026] IEHC 582, the...

Technical Contempt for Breach of Special Care Orders and the McD Discretionary Framework

Date: Aug 1, 2026

Technical Contempt for Breach of Special Care Orders and the McD Discretionary Framework 1) Introduction In LN (A Minor Suing By His Mother And Next Friend H) v Child And Family Agency and Ors; CN (A...

Exhaustion of Regulation 33 Garda Discipline Appeals Before Judicial Review: Leave May Be Set Aside Where No “Fundamental Denial of Justice” Is Arguable

Date: Aug 1, 2026

Exhaustion of Regulation 33 Garda Discipline Appeals Before Judicial Review: Leave May Be Set Aside Where No “Fundamental Denial of Justice” Is Arguable 1) Introduction Mulligan v Commissioner Of An...

Interlocutory restraint of statutory property arbitration requires pleaded substantive relief; no parallel inherent power to modify restrictive covenants beyond s.50 LCLRA 2009

Date: Aug 1, 2026

Interlocutory Restraint of Statutory Property Arbitration Requires Pleaded Substantive Relief; No Parallel Inherent/“Common Law” Power to Modify Restrictive Covenants Outside s.50 LCLRA 2009 1)...

Abuse of Process in EAW Surrender: Mistaken “Fugitive” In-Absentia Conviction Does Not Bar Surrender Where s.45 Retrial Assurance Is Given

Date: Aug 1, 2026

Abuse of Process in EAW Surrender: Mistaken “Fugitive” In-Absentia Conviction Does Not Bar Surrender Where s.45 Retrial Assurance Is Given 1. Introduction In Minister For Justice v Balogova [No. 4]...

Point-of-law appeals under the Equal Status Act: record requirements, strict scope, and rigorous standards for recusal/bias

Date: Aug 1, 2026

Point-of-law Appeals under the Equal Status Act: The Need for a Proper Record, the Narrow Scope of Review, and a Rigorous Approach to Recusal/Bias 1. Introduction In J.S. v Donegal County Council;...

Warning Letters Do Not Reset Order 122 Time: Four-Year Inactivity Presumptively Dismisses Oral-Evidence Medical Claims

Date: Jul 31, 2026

Warning Letters Do Not Reset Order 122 Time: Four-Year Inactivity Presumptively Dismisses Oral-Evidence Medical Claims 1) Introduction In O'Shaughnessy v Health Service Executive [2026] IEHC 568, the...

Objective State-Protection Findings Must Still Be Individualised: IPAT Must Engage with the Applicant’s Lived Experience of Ineffective Protection

Date: Jul 31, 2026

Objective State-Protection Findings Must Still Be Individualised: IPAT Must Engage with the Applicant’s Lived Experience of Ineffective Protection 1) Introduction In S.V. v The International...

Waiver in In Absentia EAW Cases: “Consequences” Do Not Extend to Activation of an Earlier Suspended Sentence

Date: Jul 31, 2026

Waiver in In Absentia EAW Cases: “Consequences” Do Not Extend to Activation of an Earlier Suspended Sentence 1) Introduction Minister for Justice v Kaploniak (Approved) [2026] IESC 40 concerns the...

High Court directs an on-notice leave hearing where IPAT’s COI-based “prosecution not persecution/serious harm” conclusion may be under-explained

Date: Jul 31, 2026

High Court directs an on-notice leave hearing where IPAT’s COI-based “prosecution not persecution/serious harm” conclusion may be under-explained 1) Introduction In O.M.M.I.A v The International...

Article 40.4.1 Civil Liberty Claims Qualify for Court-Fee Exemption Under S.I. 492/2014

Date: Jul 31, 2026

Article 40.4.1 Civil Liberty Claims Qualify for Court-Fee Exemption Under S.I. 492/2014 1. Introduction In Davis v Ireland and Anor (Approved) [2026] IEHC 564, Mr Justice Cregan of the High Court...

Undertakings to the Winning Tenderer: A Material Factor in Lifting the Automatic Suspension in Irish Procurement Challenges

Date: Jul 31, 2026

Undertakings to the Winning Tenderer: A Material Factor in Lifting the Automatic Suspension in Irish Procurement Challenges Case: Q Park Ireland Ltd & Anor v Dublin City Council (Approved) Citation:...

Eating-disorder cognitive distortion can negate “weighing” capacity: authorisation of urgent, invasive treatment (and ancillary detention) under the High Court’s inherent jurisdiction

Date: Jul 31, 2026

Eating-disorder cognitive distortion can negate “weighing” capacity: authorisation of urgent, invasive treatment (and ancillary detention) under the High Court’s inherent jurisdiction Case Health...

TCA Surrender to the UK: No Refusal for Mere Delay and No Article 3 Bar Without Objective, Updated Evidence of Real Risk

Date: Jul 30, 2026

TCA Surrender to the UK: No Refusal for Mere Delay and No Article 3 Bar Without Objective, Updated Evidence of Real Risk Court: High Court of Ireland Neutral citation: [2026] IEHC 543 Date: 29 July...

Refusal of Surrender Under a TCA Warrant Requires Objective, Specific Evidence: Delay and Media-Based Prison Claims Are Insufficient

Date: Jul 30, 2026

Refusal of Surrender Under a TCA Warrant Requires Objective, Specific Evidence: Delay and Media-Based Prison Claims Are Insufficient Case: Minister For Justice, Home Affairs And Migration v Joyce...

[2026] IEHC 540 — No Contribution Against a Co-Occupier for a Transient Natural Hazard Absent Proof of Breach

Date: Jul 30, 2026

No Contribution Against a Co-Occupier for a Transient Natural Hazard Absent Proof of Breach Case: O'Keefe [A Minor] v The Representative Church Body of Church of Ireland and Anor (Approved) [2026]...

Holistic “Special Circumstances” Relief from Unless-Order Strike-Outs: Mandatory Service Under Order 27 r 18(4) and Proportionality

Date: Jul 30, 2026

Holistic “Special Circumstances” Relief from Unless-Order Strike-Outs: Mandatory Service Under Order 27 r 18(4) and Proportionality Case: Coleman, Gilmartin v Depuy International Ltd and Ors...