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  • Commentaries

Ireland Case Commentaries

Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Date: Aug 5, 2025
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction 1. Introduction Egan v Pepper Finance Corporation [Ireland] DAC...
“Exceptional Circumstances” Re-Defined:  Caraglass v Minister for Education and the Limits of Corporate Self-Representation

“Exceptional Circumstances” Re-Defined: Caraglass v Minister for Education and the Limits of Corporate Self-Representation

Date: Aug 5, 2025
“Exceptional Circumstances” Re-Defined: Caraglass Ltd t/a Zeeko v Minister for Education — High Court Clarifies Corporate Self-Representation and Procurement Time-Bar 1. Introduction Caraglass Ltd...
Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints

Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints

Date: Aug 5, 2025
Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints 1. Introduction In Cahill v. Residential Tenancies Board...
Doyle & Anor v Dublin City Council: Exceptional Threshold to Set Aside Leave Reaffirmed, with a Duty‑of‑Candour and Intention‑to‑Defend Requirement for Public Bodies

Doyle & Anor v Dublin City Council: Exceptional Threshold to Set Aside Leave Reaffirmed, with a Duty‑of‑Candour and Intention‑to‑Defend Requirement for Public Bodies

Date: Aug 2, 2025
Exceptional Threshold to Set Aside Leave Reaffirmed, with a Duty‑of‑Candour and Intention‑to‑Defend Requirement for Public Bodies: Commentary on Doyle & Anor v Dublin City Council [2025] IEHC 441...
Inherent Jurisdiction as the Only Lawful Route for Deprivation of Liberty and Contact Restrictions Not Permissible Under the Assisted Decision‑Making (Capacity) Act 2015: Commentary on HSE v M.T. [2025] IEHC 440

Inherent Jurisdiction as the Only Lawful Route for Deprivation of Liberty and Contact Restrictions Not Permissible Under the Assisted Decision‑Making (Capacity) Act 2015: Commentary on HSE v M.T. [2025] IEHC 440

Date: Aug 1, 2025
Inherent Jurisdiction as the Only Lawful Route for Deprivation of Liberty and Contact Restrictions Not Permissible Under the Assisted Decision‑Making (Capacity) Act 2015: Commentary on HSE v M.T....
Murphy v. Roscommon County Council: Re-defining the Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case & Clarifying the Non-Joinder Rule for Trial Judges

Murphy v. Roscommon County Council: Re-defining the Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case & Clarifying the Non-Joinder Rule for Trial Judges

Date: Aug 1, 2025
Murphy v. Roscommon County Council (High Court, 2025): A Landmark on (1) the Low “Arguable Grounds” Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case and (2) the Obligation...
“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449

“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449

Date: Aug 1, 2025
“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449 1 – Introduction Sexton v. An Bord Pleanála (“Sexton”) is the High...
“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion: A Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439)

“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion: A Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439)

Date: Aug 1, 2025
“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439) 1. Introduction In Xerotech Ltd v Ayro Inc, Ms Justice Emily...
“Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies”

“Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies”

Date: Jul 31, 2025
Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies 1. Introduction Case: O'Donoghue & Manning...
The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch related Acronyms – Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462

The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch related Acronyms – Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462

Date: Jul 31, 2025
The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch Related Acronyms Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462 1....
The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation

The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation

Date: Jul 30, 2025
The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation 1. Introduction Sherlock Mongans & Anor v Clare County...
Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and Youth & Ors [2025] IEHC 431

Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and Youth & Ors [2025] IEHC 431

Date: Jul 30, 2025
Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and...
Rochford v. Kelly: Financial Hardship Alone Cannot Displace the Default Costs Rule in Private Tort Actions Against the State

Rochford v. Kelly: Financial Hardship Alone Cannot Displace the Default Costs Rule in Private Tort Actions Against the State

Date: Jul 30, 2025
Rochford v. Kelly: Financial Hardship Alone Cannot Displace the Default Costs Rule in Private Tort Actions Against the State Introduction In the supplemental costs judgment of Rochford v. Kelly & Ors...
Beyond Gorry: The High Court Defines the Minister’s Discretion to Refuse Revocation of a Deportation Order Despite a Post-Order Marriage

Beyond Gorry: The High Court Defines the Minister’s Discretion to Refuse Revocation of a Deportation Order Despite a Post-Order Marriage

Date: Jul 30, 2025
Beyond Gorry: The High Court Defines the Minister’s Discretion to Refuse Revocation of a Deportation Order Despite a Post-Order Marriage 1. Introduction I & Anor v Minister for Justice ([2025] IEHC...
Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424

Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424

Date: Jul 30, 2025
Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424 1. Introduction Dillon v Connolly ([2025] IEHC 424) arises from the long-running administration...
“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Cork County Council v Collins, [2025] IEHC 429)

“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Cork County Council v Collins, [2025] IEHC 429)

Date: Jul 30, 2025
“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Commentary on Cork County Council v Collins, [2025] IEHC 429) 1. Introduction In this landmark...
“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” – A Commentary on Bank of Ireland Mortgage Bank UC v. Cody & Ors [2025] IEHC 419

“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” – A Commentary on Bank of Ireland Mortgage Bank UC v. Cody & Ors [2025] IEHC 419

Date: Jul 30, 2025
“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” Commentary on Bank of Ireland Mortgage Bank UC v Cody & Ors [2025] IEHC 419 1. Introduction This...
The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes

The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes

Date: Jul 30, 2025
The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes Introduction Arkins v Labour Court ([2025] IEHC 416) concerns a...
Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB: Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37

Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB: Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37

Date: Jul 30, 2025
Supreme Court Clarifies that Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB Purposes Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37 1. Introduction Dillon v...
“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations

“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations

Date: Jul 30, 2025
“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations Introduction Decision: B.D., T.D. & M.D. v. International Protection...
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