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  • Commentaries

Ireland Case Commentaries

Strengthened Criteria for Alleging Fraud in High Court Proceedings: Insights from Kelly v. Gerard Murphy Purported Liquidator of Kelly Trucks Ltd (In Liquidation) No.1 (Approved) [2020] IEHC 351

Strengthened Criteria for Alleging Fraud in High Court Proceedings: Insights from Kelly v. Gerard Murphy Purported Liquidator of Kelly Trucks Ltd (In Liquidation) No.1 (Approved) [2020] IEHC 351

Date: Jul 18, 2020
Strengthened Criteria for Alleging Fraud in High Court Proceedings Introduction The High Court of Ireland delivered a pivotal judgment on July 17, 2020, in the case of Kelly v. Gerard Murphy...
Legal Commentary on Kelly v. Murphy [2020] IEHC 352

Legal Commentary on Kelly v. Murphy [2020] IEHC 352

Date: Jul 18, 2020
Kelly v. Murphy [2020] IEHC 352: High Court Establishes Rigorous Standards for Judicial Recusal in Bias Allegations Introduction In the High Court of Ireland case Kelly v. Murphy & ANOR. (No. 2)...
Interlocutory Injunction Upholds Environmental Protections in Unauthorized Quarrying Operations

Interlocutory Injunction Upholds Environmental Protections in Unauthorized Quarrying Operations

Date: Jul 17, 2020
Interlocutory Injunction Upholds Environmental Protections in Unauthorized Quarrying Operations Introduction The case of Donegal County Council v. P Bonar Plant Hire Ltd T/A Bonar's Quarry ([2020]...
Clonres CLG v. The Minister: Reinforcing Judicial Review Time Limits in Public Law

Clonres CLG v. The Minister: Reinforcing Judicial Review Time Limits in Public Law

Date: Jul 17, 2020
Clonres CLG v. The Minister: Reinforcing Judicial Review Time Limits in Public Law Introduction The High Court of Ireland delivered a significant judgment on July 16, 2020, in the case of Clonres CLG...
Continuation of European Arrest Warrant Procedures During EU-UK Transitional Period: Minister for Justice and Equality v. Adams

Continuation of European Arrest Warrant Procedures During EU-UK Transitional Period: Minister for Justice and Equality v. Adams

Date: Jul 17, 2020
Continuation of European Arrest Warrant Procedures During EU-UK Transitional Period: Minister for Justice and Equality v. Adams Introduction The case of Minister for Justice and Equality v. Adams...
Supreme Court Upholds Court of Appeal Decision in Criminal Assets Bureau v Russell: Implications for Leave to Appeal

Supreme Court Upholds Court of Appeal Decision in Criminal Assets Bureau v Russell: Implications for Leave to Appeal

Date: Jul 17, 2020
Supreme Court Upholds Court of Appeal Decision in Criminal Assets Bureau v Russell: Implications for Leave to Appeal Introduction The case of Criminal Assets Bureau v. Russell (2020_IESCDET_87)...
Supreme Court of Ireland Upholds Classification of Disability Allowance as Special Non-Contributory Payment under EU Regulation 883/2004

Supreme Court of Ireland Upholds Classification of Disability Allowance as Special Non-Contributory Payment under EU Regulation 883/2004

Date: Jul 16, 2020
Supreme Court of Ireland Upholds Classification of Disability Allowance as Special Non-Contributory Payment under EU Regulation 883/2004 Introduction The case of Petecel v. The Minister for Social...
Security for Costs Applications in the Presence of Individual Co-Plaintiffs: Insights from Bionomica Ltd (In Voluntary Liquidation) [2020] IEHC 340

Security for Costs Applications in the Presence of Individual Co-Plaintiffs: Insights from Bionomica Ltd (In Voluntary Liquidation) [2020] IEHC 340

Date: Jul 16, 2020
Security for Costs Applications in the Presence of Individual Co-Plaintiffs: Insights from Bionomica Ltd (In Voluntary Liquidation) [2020] IEHC 340 Introduction The case of Bionomica Limited (In...
Enhancing Judicial Scrutiny: The Own Motion Obligation in Mortgage Disputes

Enhancing Judicial Scrutiny: The Own Motion Obligation in Mortgage Disputes

Date: Jul 15, 2020
Enhancing Judicial Scrutiny: The Own Motion Obligation in Mortgage Disputes Introduction The case of EBS Mortgage Finance v. Ryan & Anor (Approved) ([2020] IEHC 212) adjudicated by the High Court of...
Supreme Court Upholds Finality in Criminal Appeals: Director of Public Prosecutions v. Roche

Supreme Court Upholds Finality in Criminal Appeals: Director of Public Prosecutions v. Roche

Date: Jul 15, 2020
Supreme Court Upholds Finality in Criminal Appeals: Director of Public Prosecutions v. Roche Introduction The case of Director of Public Prosecutions v. Roche ([2020] IESCDET 85) adjudicated by the...
Palonka [2020] IESC 40: Supreme Court Clarifies Abuse of Process in European Arrest Warrants and In Absentia Activation of Suspended Sentences

Palonka [2020] IESC 40: Supreme Court Clarifies Abuse of Process in European Arrest Warrants and In Absentia Activation of Suspended Sentences

Date: Jul 15, 2020
Palonka [2020] IESC 40: Supreme Court Clarifies Abuse of Process in European Arrest Warrants and In Absentia Activation of Suspended Sentences Introduction The Minister for Justice and Equality...
Director of Public Prosecutions v. Roche: Reinforcing the Criteria for Granting Leave to Appeal under Article 34.5.3° of the Constitution

Director of Public Prosecutions v. Roche: Reinforcing the Criteria for Granting Leave to Appeal under Article 34.5.3° of the Constitution

Date: Jul 15, 2020
Director of Public Prosecutions v. Roche: Reinforcing the Criteria for Granting Leave to Appeal under Article 34.5.3° of the Constitution Introduction The case of Director of Public Prosecutions v....
Enhanced Proof Requirements for Equitable Mortgages under the Registration of Deeds and Title Act 2006: Insights from Promontoria v. McKenna [2020] IEHC 337

Enhanced Proof Requirements for Equitable Mortgages under the Registration of Deeds and Title Act 2006: Insights from Promontoria v. McKenna [2020] IEHC 337

Date: Jul 15, 2020
Enhanced Proof Requirements for Equitable Mortgages under the Registration of Deeds and Title Act 2006: Insights from Promontoria v. McKenna [2020] IEHC 337 Introduction The case of Promontoria...
Enhanced Judicial Protection Standards for European Arrest Warrants: Insights from Minister for Justice and Equality v. Smits [2020] IEHC 389

Enhanced Judicial Protection Standards for European Arrest Warrants: Insights from Minister for Justice and Equality v. Smits [2020] IEHC 389

Date: Jul 15, 2020
Enhanced Judicial Protection Standards for European Arrest Warrants: Insights from Minister for Justice and Equality v. Smits [2020] IEHC 389 Introduction The case of Minister for Justice and...
Affirmation of Procedural Adequacy in Planning Decisions: Griffin v. Dublin City Council [2020] IEHC 507

Affirmation of Procedural Adequacy in Planning Decisions: Griffin v. Dublin City Council [2020] IEHC 507

Date: Jul 11, 2020
Affirmation of Procedural Adequacy in Planning Decisions: Griffin v. Dublin City Council [2020] IEHC 507 Introduction Griffin v. Dublin City Council ([2020] IEHC 507) is a significant judicial review...
Extradition Under the European Arrest Warrant Act: Balancing Public Interest and Private Rights in Minister for Justice and Equality v. Polak

Extradition Under the European Arrest Warrant Act: Balancing Public Interest and Private Rights in Minister for Justice and Equality v. Polak

Date: Jul 11, 2020
Extradition Under the European Arrest Warrant Act: Balancing Public Interest and Private Rights in Minister for Justice and Equality v. Polak ([2020] IEHC 417) Introduction Minister for Justice and...
Recognition of Prisoner's Autonomy: Governor of A Prison v. GDC ([2020] IEHC 354)

Recognition of Prisoner's Autonomy: Governor of A Prison v. GDC ([2020] IEHC 354)

Date: Jul 11, 2020
Recognition of Prisoner's Autonomy: Governor of A Prison v. GDC ([2020] IEHC 354) Introduction Governor of A Prison v. GDC ([2020] IEHC 354) is a landmark case adjudicated by the High Court of...
Duty of Care in Dam Operations: Insights from University College Cork v. Electricity Supply Board ([2020] IESC 38_2)

Duty of Care in Dam Operations: Insights from University College Cork v. Electricity Supply Board ([2020] IESC 38_2)

Date: Jul 9, 2020
Duty of Care in Dam Operations: Insights from University College Cork v. Electricity Supply Board ([2020] IESC 38_2) Introduction University College Cork (UCC) initiated legal proceedings against the...
Establishing Duty of Care in Dam Operations: The Precedent Set by University College Cork v. Electricity Supply Board

Establishing Duty of Care in Dam Operations: The Precedent Set by University College Cork v. Electricity Supply Board

Date: Jul 9, 2020
Establishing Duty of Care in Dam Operations: The Precedent Set by University College Cork v. Electricity Supply Board Introduction The landmark case University College Cork v. Electricity Supply...
Supreme Court of Ireland Establishes Duty of Care for Dam Operators in Flood Management: UCC v. ESB

Supreme Court of Ireland Establishes Duty of Care for Dam Operators in Flood Management: UCC v. ESB

Date: Jul 9, 2020
Supreme Court of Ireland Establishes Duty of Care for Dam Operators in Flood Management: UCC v. ESB Introduction The Supreme Court of Ireland, in the case of University College Cork v. Electricity...
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