Ireland Case Commentaries

Domestic Violence in International Protection Claims: Death Threats Treated Within the Domestic Violence Spectrum and “Women in Georgia” Not Automatically a Particular Social Group

Date: Mar 18, 2026

Domestic Violence in International Protection Claims: Death Threats Treated Within the Domestic Violence Spectrum and “Women in Georgia” Not Automatically a Particular Social Group Case: N.K. v The...

Section 5 Extensions Are a Broad, Proportionate Discretion (Not a Punishment): and IPAT “General Credibility” Findings Must Be Factually Accurate, Context-Sensitive, and COI-Correct

Date: Mar 18, 2026

Section 5 Extensions Are a Broad, Proportionate Discretion (Not a Punishment): and IPAT “General Credibility” Findings Must Be Factually Accurate, Context-Sensitive, and COI-Correct Case: G. (Angola)...

Section 50 “Unreasonable Interference” Test: Discharging a Freehold Restrictive Covenant Where It Sterilises Servient Land Despite Planning Permission and No Practical Benefit

Date: Mar 18, 2026

Section 50 “Unreasonable Interference” Test: Discharging a Freehold Restrictive Covenant Where It Sterilises Servient Land Despite Planning Permission and No Practical Benefit Case: GUIA Properties...

Doyle (No. 3): Climate Act s.15 “spectrum of options”, incorporation of CPPAs via conditions, and “probability not possibility” for bat derogation sequencing

Date: Mar 18, 2026

Doyle (No. 3): Climate Act s.15 “spectrum of options”, incorporation of CPPAs via conditions, and “probability not possibility” for bat derogation sequencing Court: High Court (Humphreys J.)...

FSPO Decisions as Res Judicata: No Fresh Court Proceedings on the Same Complaint Absent Statutory Appeal

Date: Mar 17, 2026

FSPO Decisions as Res Judicata: No Fresh Court Proceedings on the Same Complaint Absent Statutory Appeal 1) Introduction Pysz v New Ireland Assurance Company PLC (Approved) [2026] IEHC 165 concerns...

One-step fundamental-rights assessment for UK TCAW surrender: no Aranyosi two-step post-Alchester; “truly exceptional” threshold for family-life objections

Date: Mar 17, 2026

One-step fundamental-rights assessment for UK TCAW surrender: no Aranyosi & Caldaru two-step post-Alchester; “truly exceptional” threshold for family-life objections 1) Introduction In Minister for...

Third-Party Costs: s.17 Courts Act 1981 Inapplicable, but Circuit-Scale and “Differential” Costs Orders May Be Made by Analogy under s.168 LSRA 2015

Date: Mar 14, 2026

Third-Party Costs: s.17 Courts Act 1981 Inapplicable, but Circuit-Scale and “Differential” Costs Orders May Be Made by Analogy under s.168 Legal Services Regulation Act 2015 1. Introduction Ashdrum...

Costs in Judicial Review: Relitigation and Post‑Judgment Developments Do Not Displace the “Costs Follow the Event” Presumption

Date: Mar 14, 2026

Costs in Judicial Review: Relitigation and Post‑Judgment Developments Do Not Displace the “Costs Follow the Event” Presumption 1) Introduction In Kearney v An Taoiseach and Ors (Approved) [2026] IEHC...

Recreational Bouldering Facilities Owe No General Duty to Train or Supervise Competent Adults in Respect of Obvious Inherent Risks

Date: Mar 14, 2026

Recreational Bouldering Facilities Owe No General Duty to Train or Supervise Competent Adults in Respect of Obvious Inherent Risks 1. Introduction Yates v Dublin Bouldering Gym Ltd and Anor [2026]...

Postal Service and Signature Requirements for Valid Notices of Termination under the Residential Tenancies Act 2004

Date: Mar 13, 2026

Postal Service and Signature Requirements for Valid Notices of Termination under the Residential Tenancies Act 2004 1. Introduction In Argutinski v Residential Tenancies Board (Approved) [2026] IEHC...

Managed Discharge in Child Mental Health Detention: District Court Power to Adjourn/Stay Discharge Under s.25 Mental Health Act 2001 to Prevent Inappropriate Release

Date: Mar 13, 2026

Managed Discharge in Child Mental Health Detention: District Court Power to Adjourn/Stay Discharge Under s.25 Mental Health Act 2001 to Prevent Inappropriate Release Case: Health Service Executive v...

S.49(7) Humanitarian Reviews: Minister May Balance State System-Integrity Against “Something More” in Precarious-Residence Cases

Date: Mar 12, 2026

S.49(7) Humanitarian Reviews: Minister May Balance State System-Integrity Against “Something More” in Precarious-Residence Cases Case: S.M. v The Minister For Justice [No. 2] [2026] IEHC 138 (High...

Public Participation Is Not Triggered by AA Screening under s.146B; SAC Conservation Objectives Do Not Extend to Birds

Date: Mar 12, 2026

Public Participation Is Not Triggered by AA Screening under s.146B; SAC Conservation Objectives Do Not Extend to Birds 1) Introduction Rural Residents Wind Aware and Environmental Group, John Nolan...

State Protection Requires Effectiveness, Not Mere “Improvement”: COI Must Rationally Support a Section 31 Finding

Date: Mar 12, 2026

State Protection Requires Effectiveness, Not Mere “Improvement”: COI Must Rationally Support a Section 31 Finding Case: T.M. [Georgia] v The International Appeals Tribunal and Anor (Approved) [2026]...

Security for Costs under s.52 Companies Act 2014: “Reason to Believe” Requires More than a Terse Liquidity Critique

Date: Mar 12, 2026

Security for Costs under s.52 Companies Act 2014: “Reason to Believe” Requires More than a Terse Liquidity Critique 1) Introduction In Ryconlou Ltd v Conlon [2026] IEHC 152, the High Court (O’Donnell...

Rectification Cures: Judicial Review Will Not Quash a Permission for a Landowner-Consent Defect Corrected by a Lawful Amendment

Date: Mar 12, 2026

Rectification Cures: Judicial Review Will Not Quash a Permission for a Landowner-Consent Defect Corrected by a Lawful Amendment 1) Introduction This judgment (Rural Residents Wind Aware and...

State Protection Under s.31 International Protection Act 2015: “Improvements” Are Not “Effectiveness” — COI Findings Must Rationally Support the Conclusion

Date: Mar 12, 2026

State Protection Under s.31 International Protection Act 2015: “Improvements” Are Not “Effectiveness” — COI Findings Must Rationally Support the Conclusion 1) Introduction M.G. (Georgia) v The...

Section 10C Protected Disclosures: Burden on the Reporting Person to Establish Prima Facie Wrongdoing at Initial Assessment and Limits of Judicial Review at Leave Stage

Date: Mar 12, 2026

Section 10C Protected Disclosures: Burden on the Reporting Person to Establish Prima Facie Wrongdoing at Initial Assessment and Limits of Judicial Review at Leave Stage Case: McLoughlin v The...

Exceptional Partial Costs for Unsuccessful Public-Interest Constitutional Litigation: 50% Costs Award Where Proceedings Clarify Novel, Systemic Executive-Governance Questions

Date: Mar 12, 2026

Exceptional Partial Costs for Unsuccessful Public-Interest Constitutional Litigation: 50% Costs Award Where Proceedings Clarify Novel, Systemic Executive-Governance Questions 1. Introduction This...

Corcoran v Everyday Finance DAC: Interlocutory Injunctions, Proof of Loan Assignment Despite Redactions, and Waiver of “Solicitor-Advice” Drawdown Conditions

Date: Mar 12, 2026

Corcoran v Everyday Finance DAC: Interlocutory Injunctions, Proof of Loan Assignment Despite Redactions, and Waiver of “Solicitor-Advice” Drawdown Conditions 1) Introduction Corcoran v Everyday...