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  • Commentaries

Ireland Case Commentaries

High Court Ruling on European Arrest Warrant: Balancing Public Interest and Humanitarian Grounds in Article 8 ECHR Context

High Court Ruling on European Arrest Warrant: Balancing Public Interest and Humanitarian Grounds in Article 8 ECHR Context

Date: Dec 11, 2020
High Court Ruling on European Arrest Warrant: Balancing Public Interest and Humanitarian Grounds in Article 8 ECHR Context Introduction The case of Minister for Justice and Equality v. D.E....
Accrual of Cause of Action in Negligence Claims for Financial Loss: Cantrell v. Allied Irish Banks

Accrual of Cause of Action in Negligence Claims for Financial Loss: Cantrell v. Allied Irish Banks

Date: Dec 11, 2020
Accrual of Cause of Action in Negligence Claims for Financial Loss: Cantrell v. Allied Irish Banks Introduction Cantrell & ors v. Allied Irish Banks Plc & ors ([2020] IESC 71) is a landmark case...
Late Notification and Breach of Insurance Conditions: Comprehensive Analysis of Moloney v. Cashel Taverns Ltd (In Voluntary Liquidation) & Anor [2020] IEHC 658

Late Notification and Breach of Insurance Conditions: Comprehensive Analysis of Moloney v. Cashel Taverns Ltd (In Voluntary Liquidation) & Anor [2020] IEHC 658

Date: Dec 11, 2020
Late Notification and Breach of Insurance Conditions: Comprehensive Analysis of Moloney v. Cashel Taverns Ltd (In Voluntary Liquidation) & Anor [2020] IEHC 658 Introduction The case of Moloney v....
Enforceability of Guarantees Independent of Lapsed Conditions Precedent: Bank of Ireland Mortgage Bank v Daly & ors

Enforceability of Guarantees Independent of Lapsed Conditions Precedent: Bank of Ireland Mortgage Bank v Daly & ors

Date: Dec 11, 2020
Enforceability of Guarantees Independent of Lapsed Conditions Precedent: Bank of Ireland Mortgage Bank v Daly & ors ([2020] IEHC 667) Introduction The case Bank of Ireland Mortgage Bank v Daly & ors...
Ina's Kitchen Desserts Ltd v. Companies Act 2014: Defining the Threshold for Examinership Under Irish Insolvency Law

Ina's Kitchen Desserts Ltd v. Companies Act 2014: Defining the Threshold for Examinership Under Irish Insolvency Law

Date: Dec 10, 2020
Ina's Kitchen Desserts Ltd v. Companies Act 2014: Defining the Threshold for Examinership Under Irish Insolvency Law Introduction The case of Ina's Kitchen Desserts Ltd v. The Companies Act 2014...
Occupier's Duty of Care: No Breach Found in Absence of Handrails on External School Steps – Finlay v. Scoil Mhuire National School [2020] IEHC 697

Occupier's Duty of Care: No Breach Found in Absence of Handrails on External School Steps – Finlay v. Scoil Mhuire National School [2020] IEHC 697

Date: Dec 10, 2020
Occupier's Duty of Care: No Breach Found in Absence of Handrails on External School Steps – Finlay v. Scoil Mhuire National School [2020] IEHC 697 Introduction Finlay v. Scoil Mhuire National School...
Reaffirming Horizontal Precedent and Judicial Cohesion in Family Reunification: A Commentary on [2020] IESC 70

Reaffirming Horizontal Precedent and Judicial Cohesion in Family Reunification: A Commentary on [2020] IESC 70

Date: Dec 9, 2020
Reaffirming Horizontal Precedent and Judicial Cohesion in Family Reunification: A Commentary on [2020] IESC 70 Introduction The Supreme Court of Ireland's decision in A v Minister for Justice &...
Supreme Court Upholds International Protection Act 2015's Time-Limited Family Reunification Provisions as Constitutional and ECHR Compliant: A v Minister for Justice & Others [2020] IESC 70_2

Supreme Court Upholds International Protection Act 2015's Time-Limited Family Reunification Provisions as Constitutional and ECHR Compliant: A v Minister for Justice & Others [2020] IESC 70_2

Date: Dec 9, 2020
Supreme Court Upholds International Protection Act 2015's Time-Limited Family Reunification Provisions as Constitutional and ECHR Compliant: A v Minister for Justice & Others [2020] IESC 70_2...
Affirmation of Dublin III Regulation Applicability Post-Brexit in Tao v. Minister for Justice and Equality

Affirmation of Dublin III Regulation Applicability Post-Brexit in Tao v. Minister for Justice and Equality

Date: Dec 9, 2020
Affirmation of Dublin III Regulation Applicability Post-Brexit in Tao & ors v. The Minister for Justice and Equality & ors Introduction The case Tao & ors v. The Minister for Justice and Equality &...
Long v. Director of Public Prosecutions [2020] IEHC 631: Establishing Appeal as the Primary Remedy for Challenging Guilty Plea Withdrawals

Long v. Director of Public Prosecutions [2020] IEHC 631: Establishing Appeal as the Primary Remedy for Challenging Guilty Plea Withdrawals

Date: Dec 9, 2020
Long v. Director of Public Prosecutions [2020] IEHC 631: Establishing Appeal as the Primary Remedy for Challenging Guilty Plea Withdrawals Introduction In the case of Long v. Director of Public...
Reaffirmation of Dublin III Regulations Amid Brexit: High Court Decision in AHS v. The International Protection Appeals Tribunal & ors [2020] IEHC 647

Reaffirmation of Dublin III Regulations Amid Brexit: High Court Decision in AHS v. The International Protection Appeals Tribunal & ors [2020] IEHC 647

Date: Dec 9, 2020
Reaffirmation of Dublin III Regulations Amid Brexit: High Court Decision in AHS v. The International Protection Appeals Tribunal & ors [2020] IEHC 647 Introduction The case of AHS v. The...
S.M. v. The Governor of Cloverhill Prison: Defining the Threshold for Unlawful Detention Due to Inadequate Medical Treatment

S.M. v. The Governor of Cloverhill Prison: Defining the Threshold for Unlawful Detention Due to Inadequate Medical Treatment

Date: Dec 8, 2020
S.M. v. The Governor of Cloverhill Prison: Defining the Threshold for Unlawful Detention Due to Inadequate Medical Treatment Introduction The High Court of Ireland delivered a pivotal judgment on...
High Court Establishes Strict Standards for Material Errors of Fact in Judicial Review: Baile Eamoinn Teoranta v. An Bord Pleanála

High Court Establishes Strict Standards for Material Errors of Fact in Judicial Review: Baile Eamoinn Teoranta v. An Bord Pleanála

Date: Dec 5, 2020
High Court Establishes Strict Standards for Material Errors of Fact in Judicial Review: Baile Eamoinn Teoranta v. An Bord Pleanála Introduction The case of Baile Eamoinn Teoranta v. An Bord Pleanála...
Affirmation of EU Directive Compliance in Pre-1964 Quarry Operations: Liscannor Stone Ltd v. Clare County Council & ors

Affirmation of EU Directive Compliance in Pre-1964 Quarry Operations: Liscannor Stone Ltd v. Clare County Council & ors

Date: Dec 5, 2020
Affirmation of EU Directive Compliance in Pre-1964 Quarry Operations: Liscannor Stone Ltd v. Clare County Council & ors Introduction The case of Liscannor Stone Ltd v. Clare County Council & ors...
Exceptional Circumstances and Security for Costs: ER Travel Ltd v. DAA PLC

Exceptional Circumstances and Security for Costs: ER Travel Ltd v. DAA PLC

Date: Dec 5, 2020
Exceptional Circumstances and Security for Costs: ER Travel Ltd v. DAA PLC Introduction ER Travel Ltd v. Dublin Airport Authority aka DAA PLC (Approved) [2020] IEHC 629 is a pivotal case decided by...
Jurisdiction of Panel Members under Dublin III Regulations: Insights from LK v. The International Protection Appeals Tribunal [2020] IEHC 626

Jurisdiction of Panel Members under Dublin III Regulations: Insights from LK v. The International Protection Appeals Tribunal [2020] IEHC 626

Date: Dec 5, 2020
Jurisdiction of Panel Members under Dublin III Regulations: Insights from LK v. The International Protection Appeals Tribunal [2020] IEHC 626 Introduction The case of LK v. The International...
Judicial Review in Ongoing Criminal Proceedings: High Court's Limited Role Affirmed in K v. Director of Public Prosecutions

Judicial Review in Ongoing Criminal Proceedings: High Court's Limited Role Affirmed in K v. Director of Public Prosecutions

Date: Dec 5, 2020
Judicial Review in Ongoing Criminal Proceedings: High Court's Limited Role Affirmed in K v. Director of Public Prosecutions Introduction The case of K v. Director of Public Prosecutions (Approved)...
High Court Validates ABP's Grant of Substitute Consent in Quarry Development: Moore v. An Bord Pleanala & Ors [2020] IEHC 652

High Court Validates ABP's Grant of Substitute Consent in Quarry Development: Moore v. An Bord Pleanala & Ors [2020] IEHC 652

Date: Dec 5, 2020
High Court Validates ABP's Grant of Substitute Consent in Quarry Development Introduction The case of Moore v. An Bord Pleanala & Ors (Approved) [2020] IEHC 652 heard by the High Court of Ireland on...
Price v. Residential Tenancies Board: No Duty to Mitigate Under Section 37(4) of the Residential Tenancies Act 2004

Price v. Residential Tenancies Board: No Duty to Mitigate Under Section 37(4) of the Residential Tenancies Act 2004

Date: Dec 4, 2020
Price v. Residential Tenancies Board: No Duty to Mitigate Under Section 37(4) of the Residential Tenancies Act 2004 Introduction Price v. The Residential Tenancies Board (Approved) ([2020] IEHC 712)...
Judicial Review Boundaries in Prosecution Decisions: Insights from Carroll v. Judge of the District Court & Ors [2020] IEHC 715

Judicial Review Boundaries in Prosecution Decisions: Insights from Carroll v. Judge of the District Court & Ors [2020] IEHC 715

Date: Dec 4, 2020
Judicial Review Boundaries in Prosecution Decisions: Insights from Carroll v. Judge of the District Court & Ors [2020] IEHC 715 Introduction Carroll v. Judge of the District Court & Ors [2020] IEHC...
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