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  • Commentaries

Ireland Case Commentaries

Minister Retains Discretion under Article 17 of Dublin III Regulation in Asylum Transfer Decisions

Minister Retains Discretion under Article 17 of Dublin III Regulation in Asylum Transfer Decisions

Date: Jul 25, 2020
Minister Retains Discretion under Article 17 of Dublin III Regulation in Asylum Transfer Decisions Introduction The Supreme Court of Ireland delivered a pivotal judgment in the case of NVU & ors v....
Clarifying 'Besetting' in Harassment Offence: Insights from Director of Public Prosecutions v. Doherty

Clarifying 'Besetting' in Harassment Offence: Insights from Director of Public Prosecutions v. Doherty

Date: Jul 25, 2020
Clarifying 'Besetting' in Harassment Offence: Insights from Director of Public Prosecutions v. Doherty Introduction The case of Director of Public Prosecutions v. Doherty (Unapproved) ([2020] IESC...
Minister Retains Discretion over Asylum Transfers under Article 17 Dublin III: Comprehensive Analysis of NVU & Ors v The Refugee Appeals Tribunal & Ors [2020] IESC 46

Minister Retains Discretion over Asylum Transfers under Article 17 Dublin III: Comprehensive Analysis of NVU & Ors v The Refugee Appeals Tribunal & Ors [2020] IESC 46

Date: Jul 25, 2020
Minister Retains Discretion over Asylum Transfers under Article 17 Dublin III: Comprehensive Analysis of NVU & Ors v The Refugee Appeals Tribunal & Ors [2020] IESC 46 Introduction The case of NVU &...
Morrissey v. Health Service Executive: Establishing New Precedents in Multi-Party Quantum Appeals

Morrissey v. Health Service Executive: Establishing New Precedents in Multi-Party Quantum Appeals

Date: Jul 24, 2020
Morrissey v. Health Service Executive: Establishing New Precedents in Multi-Party Quantum Appeals Introduction The case of Morrissey & anor v. Health Service Executive (Approved) ([2020] IESC 43)...
Surrender of Respondent Under European Arrest Warrant Act: Minister for Justice and Equality v. McDonagh

Surrender of Respondent Under European Arrest Warrant Act: Minister for Justice and Equality v. McDonagh

Date: Jul 24, 2020
Surrender of Respondent Under European Arrest Warrant Act: Minister for Justice and Equality v. McDonagh ([2020] IEHC 387) Introduction The case of Minister for Justice and Equality v. McDonagh...
Balancing Family Reunification and Adoption in Irish Family Law: Insights from Child and Family Agency v. Adoption Authority of Ireland [2020] IEHC 419

Balancing Family Reunification and Adoption in Irish Family Law: Insights from Child and Family Agency v. Adoption Authority of Ireland [2020] IEHC 419

Date: Jul 24, 2020
Balancing Family Reunification and Adoption in Irish Family Law: Insights from Child and Family Agency v. Adoption Authority of Ireland [2020] IEHC 419 Introduction The case of Child and Family...
Recognition of DNA Evidence in Family Reunification: Insights from MH and SH v. The Minister for Justice and Equality

Recognition of DNA Evidence in Family Reunification: Insights from MH and SH v. The Minister for Justice and Equality

Date: Jul 23, 2020
Recognition of DNA Evidence in Family Reunification: Insights from MH and SH v. The Minister for Justice and Equality Introduction The case of MH and SH (A Minor Suing By Her Mother and Next Friend...
Overcharging of Interest in Mortgage Contracts: Governor and Company of the Bank of Ireland v-Phelan [2020] IEHC 484

Overcharging of Interest in Mortgage Contracts: Governor and Company of the Bank of Ireland v-Phelan [2020] IEHC 484

Date: Jul 22, 2020
Governor and Company of the Bank of Ireland v-Phelan [2020] IEHC 484: Overcharging of Interest in Mortgage Contracts Introduction The High Court of Ireland, in the case of Governor and Company of the...
Affirmation of Prosecutorial Authority in EAW Surrender: Minister for Justice v. Firantas [2020] IEHC 358

Affirmation of Prosecutorial Authority in EAW Surrender: Minister for Justice v. Firantas [2020] IEHC 358

Date: Jul 22, 2020
Affirmation of Prosecutorial Authority in EAW Surrender: Minister for Justice v. Firantas [2020] IEHC 358 Introduction In the case of Minister for Justice and Equality v. Firantas (Approved) ([2020]...
Supreme Court Upholds Compliance with EU Block Exemption Regulation in Dealership Terminations - O'Leary v Volkswagen

Supreme Court Upholds Compliance with EU Block Exemption Regulation in Dealership Terminations - O'Leary v Volkswagen

Date: Jul 22, 2020
Supreme Court Upholds Compliance with EU Block Exemption Regulation in Dealership Terminations - O'Leary v Volkswagen Introduction The case of O'Leary v. Volkswagen Group (Ireland) Limited addresses...
Supreme Court Refuses Leave to Appeal in Res Judicata and Henderson v. Henderson Context

Supreme Court Refuses Leave to Appeal in Res Judicata and Henderson v. Henderson Context

Date: Jul 22, 2020
Supreme Court Refuses Leave to Appeal in Res Judicata and Henderson v. Henderson Context Introduction The case of Flanagan & anor v. Allied Irish Bank Private Banking & ors ([2020] IESCDET 91)...
Allocation of Costs in Section 902A Tax Information Exchange Proceedings: O'Sullivan v. A Company

Allocation of Costs in Section 902A Tax Information Exchange Proceedings: O'Sullivan v. A Company

Date: Jul 22, 2020
Allocation of Costs in Section 902A Tax Information Exchange Proceedings: O'Sullivan v. A Company Introduction The case of O'Sullivan v. A Company (Approved) ([2020] IEHC 486) was adjudicated by the...
Reaffirmation of Court's Discretion in Determining Liquidators' Fees under Companies Act: James Adams Vintners LTD (In Liquidation) v Companies Acts [2020] IEHC 508

Reaffirmation of Court's Discretion in Determining Liquidators' Fees under Companies Act: James Adams Vintners LTD (In Liquidation) v Companies Acts [2020] IEHC 508

Date: Jul 22, 2020
Reaffirmation of Court's Discretion in Determining Liquidators' Fees under Companies Act James Adams Vintners LTD (In Liquidation) v Companies Acts (Approved) [2020] IEHC 508 Introduction The case of...
I.X v. Chief International Protection Officer: Defining the Role of Panel Members in Refugee Status Determinations

I.X v. Chief International Protection Officer: Defining the Role of Panel Members in Refugee Status Determinations

Date: Jul 22, 2020
I.X v. Chief International Protection Officer: Defining the Role of Panel Members in Refugee Status Determinations Introduction The case of I.X. v. The Chief International Protection Officer & anor...
Establishing Proceeds of Crime in Property Acquisitions: Insights from Criminal Assets Bureau v. McCormack [2020] IEHC 361

Establishing Proceeds of Crime in Property Acquisitions: Insights from Criminal Assets Bureau v. McCormack [2020] IEHC 361

Date: Jul 21, 2020
Establishing Proceeds of Crime in Property Acquisitions: Insights from Criminal Assets Bureau v. McCormack [2020] IEHC 361 Introduction In the High Court of Ireland's 2020 decision, Criminal Assets...
Interpreting "Member of the Household" under Directive 2004/38: A Comprehensive Analysis of Sheharyar Rahim Subhan and Asif Ali v. The Minister for Justice and Equality

Interpreting "Member of the Household" under Directive 2004/38: A Comprehensive Analysis of Sheharyar Rahim Subhan and Asif Ali v. The Minister for Justice and Equality

Date: Jul 21, 2020
Interpreting "Member of the Household" under Directive 2004/38: A Comprehensive Analysis of Sheharyar Rahim Subhan and Asif Ali v. The Minister for Justice and Equality Introduction The case of...
Supreme Court Clarifies Criteria for Granting Stay in s.160 Planning Proceedings Involving Unauthorized Development and EIA

Supreme Court Clarifies Criteria for Granting Stay in s.160 Planning Proceedings Involving Unauthorized Development and EIA

Date: Jul 18, 2020
Supreme Court Clarifies Criteria for Granting Stay in s.160 Planning Proceedings Involving Unauthorized Development and EIA Introduction The Supreme Court of Ireland delivered a pivotal judgment on...
Establishing Principles for Stay Pending Appeal in Planning Law Enforcement: Commentary on Krikke v. Barranafaddock Sustainability Electricity Ltd

Establishing Principles for Stay Pending Appeal in Planning Law Enforcement: Commentary on Krikke v. Barranafaddock Sustainability Electricity Ltd

Date: Jul 18, 2020
Establishing Principles for Stay Pending Appeal in Planning Law Enforcement: Commentary on Krikke & Ors v. Barranafaddock Sustainability Electricity Ltd Introduction The case of Krikke & Ors v....
Offense Correspondence and Surrender under the European Arrest Warrant: Minister for Justice & Equality v. Żyłka (2020)

Offense Correspondence and Surrender under the European Arrest Warrant: Minister for Justice & Equality v. Żyłka (2020)

Date: Jul 18, 2020
Offense Correspondence and Surrender under the European Arrest Warrant: Minister for Justice & Equality v. Żyłka (2020) Introduction The case of Minister for Justice & Equality v. Żyłka ([2020] IEHC...
Limitations on Liquidators’ Powers and Environmental Liability: Analysis of Crumb Rubber Ireland Ltd (In Liquidation) v. The Companies Act 2014 [2020] IEHC 348

Limitations on Liquidators’ Powers and Environmental Liability: Analysis of Crumb Rubber Ireland Ltd (In Liquidation) v. The Companies Act 2014 [2020] IEHC 348

Date: Jul 18, 2020
Limitations on Liquidators’ Powers and Environmental Liability: Analysis of Crumb Rubber Ireland Ltd (In Liquidation) v. The Companies Act 2014 [2020] IEHC 348 Introduction The case of Crumb Rubber...
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