Ireland Case Commentaries

Limitation on Jury Trial Elections for Summary Offences: Fogarty v. Nenagh District Court & Ors [2021] IEHC 482

Date: Jul 13, 2021

Limitation on Jury Trial Elections for Summary Offences: Fogarty v. Nenagh District Court & Ors [2021] IEHC 482 Introduction In the High Court of Ireland case Fogarty v. Judge Of Nenagh District...

Jurisdictional Integrity Maintained in District Court Transfers: Creedon v. District Court [2021] IEHC 481

Date: Jul 13, 2021

Jurisdictional Integrity Maintained in District Court Transfers: Creedon v. District Court [2021] IEHC 481 Introduction The case of Creedon v. A Judge Of The District Court & Ors ([2021] IEHC 481)...

Procedural Rigor in Judicial Review: Cooper v. An Bord Pleanála [2021] IEHC 483

Date: Jul 13, 2021

Procedural Rigor in Judicial Review: Cooper v. An Bord Pleanála [2021] IEHC 483 Introduction The case of Cooper v. An Bord Pleanála ([2021] IEHC 483) adjudicated by the High Court of Ireland on July...

Supreme Court Grants Leave to Appeal on Discovery of Purchase Price in Unjust Enrichment Cases

Date: Jul 13, 2021

Supreme Court Grants Leave to Appeal on Discovery of Purchase Price in Unjust Enrichment Cases Introduction The case of Wheelock v. Promontoria & Anor (2021_IESCDET_80) revolves around intricate...

Approval of Settlement in Fatal Injury Claim: McLaughlin v. McColgan [2021] IEHC 452

Date: Jul 13, 2021

Approval of Settlement in Fatal Injury Claim: McLaughlin v. McColgan [2021] IEHC 452 Introduction The case of McLaughlin v. McColgan ([2021] IEHC 452) addressed a critical aspect of wrongful death...

Primacy of Habitual Residence in International Child Abduction: T.W v. A.W [2021] IEHC 518

Date: Jul 13, 2021

Primacy of Habitual Residence in International Child Abduction: T.W v. A.W [2021] IEHC 518 1. Introduction The case of T.W v. A.W (Approved) ([2021] IEHC 518) was adjudicated by Ms. Justice Mary Rose...

Ronan v. Tipperary County Council & Anor: Establishing Plaintiff's Duty of Care in Slip and Fall Claims

Date: Jul 12, 2021

Ronan v. Tipperary County Council & Anor: Establishing Plaintiff's Duty of Care in Slip and Fall Claims Introduction The case of Ronan v. Tipperary County Council & Joanne Barrett ([2021] IEHC 492)...

Expanding the Interpretation of Humanitarian Grounds under s.18(1)(a) of the European Arrest Warrant Act 2003: Analysis of Minister for Justice and Equality v. Sciuka

Date: Jul 10, 2021

Expanding the Interpretation of Humanitarian Grounds under s.18(1)(a) of the European Arrest Warrant Act 2003: Analysis of Minister for Justice and Equality v. Sciuka Introduction The Supreme Court...

Reaffirming Jury's Discretion in Assessing Conflicting Evidence: Director of Public Prosecution v. V.H. (2021)

Date: Jul 10, 2021

Reaffirming Jury's Discretion in Assessing Conflicting Evidence: Director of Public Prosecution v. V.H. (2021) 1. Introduction The case of Director of Public Prosecution v. V.H. ([2021] IESCDET 79)...

Domicile Levy Applicability: Fitzgerald v. Revenue Commissioners ([2021] IEHC 487)

Date: Jul 10, 2021

Domicile Levy Applicability: Fitzgerald v. Revenue Commissioners ([2021] IEHC 487) Introduction Fitzgerald v. Revenue Commissioners ([2021] IEHC 487) is a pivotal case adjudicated by the High Court...

Balancing Defamation and Free Speech: Beaumont Hospital v. O'Doherty [2021] IEHC 469

Date: Jul 10, 2021

Balancing Defamation and Free Speech: Beaumont Hospital v. O'Doherty [2021] IEHC 469 1. Introduction The High Court of Ireland rendered a significant judgment on July 9, 2021, in the case of Beaumont...

High Court of Ireland Upholds Severe Disqualification in Kirby v. Conlon: A Landmark Judgment on Director Accountability

Date: Jul 10, 2021

High Court of Ireland Upholds Severe Disqualification in Kirby v. Conlon: A Landmark Judgment on Director Accountability Introduction Kirby v. Conlon ([2021] IEHC 475) is a significant judgment...

Interpretation of Section 34(12) PDA 2000 in Suaimhneas Ltd v. Kerry County Council: Clarifying Retention Planning Permission

Date: Jul 10, 2021

Interpretation of Section 34(12) PDA 2000 in Suaimhneas Ltd v. Kerry County Council: Clarifying Retention Planning Permission Introduction The case of Suaimhneas Ltd v. Kerry County Council...

Supreme Court Reaffirms Distress as Corroborative Evidence in Sexual Offence Cases

Date: Jul 10, 2021

Supreme Court Reaffirms Distress as Corroborative Evidence in Sexual Offence Cases Introduction The case of Director of Public Prosecutions v. M.G. ([2021] IESCDET 77) presented before the Supreme...

Activation of Suspended Sentences and Abuse of Process under the European Arrest Warrant Framework: Minister for Justice v Palonka [2021] IEHC 840

Date: Jul 9, 2021

Activation of Suspended Sentences and Abuse of Process under the European Arrest Warrant Framework: Minister for Justice v Palonka [2021] IEHC 840 Introduction The case of Minister for Justice and...

Mandatory Injunctive Relief Under the Waste Management Act: Analysis of Louth County Council v. Prendergast

Date: Jul 9, 2021

Mandatory Injunctive Relief Under the Waste Management Act: Analysis of Louth County Council v. Prendergast Introduction The case of Louth County Council v. Prendergast ([2021] IEHC 478) examines the...

Mason v. ILTB Ltd T/A Gillen Markets: Reinforcing Fair Procedure in Employment Terminations

Date: Jul 9, 2021

Mason v. ILTB Ltd T/A Gillen Markets: Reinforcing Fair Procedure in Employment Terminations Introduction The case of Mason v. ILTB Ltd T/A Gillen Markets & Anor (Approved) ([2021] IEHC 477),...

Establishing Boundaries of Unjust Enrichment: Insights from Wang v. Ladywell Homes Ltd [2021] IEHC 468

Date: Jul 9, 2021

Establishing Boundaries of Unjust Enrichment: Insights from Wang v. Ladywell Homes Ltd [2021] IEHC 468 Introduction The case of Wang v. Ladywell Homes Ltd (Approved) ([2021] IEHC 468) adjudicated by...

High Court Establishes Proactive Measures in Late Adoption Applications

Date: Jul 8, 2021

High Court Establishes Proactive Measures in Late Adoption Applications Introduction In the case of Child and Family Agency & Ors v Adoption Authority of Ireland & Ors (Approved) ([2021] IEHC 677),...

Clarifying the Role of High Court in Planning Enforcement: Lagan Asphalt Ltd v. Hanly Quarries Ltd [2021] IEHC 450

Date: Jul 8, 2021

Clarifying the Role of High Court in Planning Enforcement: Lagan Asphalt Ltd v. Hanly Quarries Ltd [2021] IEHC 450 Introduction Lagan Asphalt Ltd v. Hanly Quarries Ltd is a significant judgment...