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  • Commentaries

Ireland Case Commentaries

Supreme Court Refusal of Leave to Appeal in Director of Public Prosecutions v. O'Donoghue: Reinforcing Constitutional Criteria Post-33rd Amendment

Supreme Court Refusal of Leave to Appeal in Director of Public Prosecutions v. O'Donoghue: Reinforcing Constitutional Criteria Post-33rd Amendment

Date: Jul 1, 2020
Supreme Court Refusal of Leave to Appeal in Director of Public Prosecutions v. O'Donoghue: Reinforcing Constitutional Criteria Post-33rd Amendment Introduction The Supreme Court of Ireland, in the...
Sheehan v. Breccia: High Court Endorses Deduction of Estimated Contractual Enforcement Costs in Redemption Calculations

Sheehan v. Breccia: High Court Endorses Deduction of Estimated Contractual Enforcement Costs in Redemption Calculations

Date: Jul 1, 2020
Sheehan v. Breccia: High Court Endorses Deduction of Estimated Contractual Enforcement Costs in Redemption Calculations Introduction The case of Sheehan v. Breccia & ORS. ([2020] IEHC 320)...
Establishing Thresholds for Interlocutory Injunctions in Employment Promotion Disputes: Madden v. Louth County Council

Establishing Thresholds for Interlocutory Injunctions in Employment Promotion Disputes: Madden v. Louth County Council

Date: Jul 1, 2020
Establishing Thresholds for Interlocutory Injunctions in Employment Promotion Disputes: Madden v. Louth County Council Introduction The case of Madden v. Louth County Council ([2020] IEHC 319)...
Reaffirmation of Constitutional Composition: Seanad Éireann Requires Full Membership as per Article 18.1

Reaffirmation of Constitutional Composition: Seanad Éireann Requires Full Membership as per Article 18.1

Date: Jun 30, 2020
Reaffirmation of Constitutional Composition: Seanad Éireann Requires Full Membership as per Article 18.1 Introduction The case of Senator Ivana Bacik & ors v. An Taoiseach & ors ([2020] IEHC 313)...
Balancing Costs in Interlocutory Discovery Applications: Daly v. Ardstone Capital Ltd [2020] IEHC 345

Balancing Costs in Interlocutory Discovery Applications: Daly v. Ardstone Capital Ltd [2020] IEHC 345

Date: Jun 30, 2020
Balancing Costs in Interlocutory Discovery Applications: Daly v. Ardstone Capital Ltd [2020] IEHC 345 Introduction The case of Daly v. Ardstone Capital Ltd (Approved) ([2020] IEHC 345) adjudicated by...
Supreme Court Refuses Leave to Appeal in Spamat S R L v. The Owners of M/V Almirante Storni

Supreme Court Refuses Leave to Appeal in Spamat S R L v. The Owners of M/V Almirante Storni

Date: Jun 30, 2020
Supreme Court Refuses Leave to Appeal in Spamat S R L v. The Owners of M/V Almirante Storni Introduction The case of Spamat S R L v. The Owners and all persons claiming an interest in the M/V...
Clarifying the Defence of Provocation: Supreme Court Affirms Its Limitation in Director of Public Prosecutions v. McNamara [2020] IESC 34

Clarifying the Defence of Provocation: Supreme Court Affirms Its Limitation in Director of Public Prosecutions v. McNamara [2020] IESC 34

Date: Jun 27, 2020
Clarifying the Defence of Provocation: Supreme Court Affirms Its Limitation in Director of Public Prosecutions v. McNamara [2020] IESC 34 Introduction The Supreme Court of Ireland, through the...
Surrender under the European Arrest Warrant Act: Campbell v Minister for Justice and Equality - A Comprehensive Analysis of [2020] IEHC 344

Surrender under the European Arrest Warrant Act: Campbell v Minister for Justice and Equality - A Comprehensive Analysis of [2020] IEHC 344

Date: Jun 27, 2020
Surrender under the European Arrest Warrant Act: Campbell v Minister for Justice and Equality - A Comprehensive Analysis of [2020] IEHC 344 Introduction The Minister for Justice and Equality v....
Director of Public Prosecutions v. Almasi: Enhancing Fairness in Criminal Trials through Proper Admissibility of Defense and Evidence Editing

Director of Public Prosecutions v. Almasi: Enhancing Fairness in Criminal Trials through Proper Admissibility of Defense and Evidence Editing

Date: Jun 27, 2020
Director of Public Prosecutions v. Almasi: Enhancing Fairness in Criminal Trials through Proper Admissibility of Defense and Evidence Editing Introduction In the landmark case of Director of Public...
Clarifying the Defence of Provocation in Irish Criminal Law: An Analysis of Director of Public Prosecutions v. McNamara [2020] IESC 34

Clarifying the Defence of Provocation in Irish Criminal Law: An Analysis of Director of Public Prosecutions v. McNamara [2020] IESC 34

Date: Jun 27, 2020
Clarifying the Defence of Provocation in Irish Criminal Law: An Analysis of Director of Public Prosecutions v. McNamara [2020] IESC 34 Introduction The Supreme Court of Ireland, in the landmark case...
Reaffirmation of Non-Rateability of Domestic Premises under the Valuation Act 2001: Clarke v. Halpin & Anor [2020] IEHC 317

Reaffirmation of Non-Rateability of Domestic Premises under the Valuation Act 2001: Clarke v. Halpin & Anor [2020] IEHC 317

Date: Jun 27, 2020
Reaffirmation of Non-Rateability of Domestic Premises under the Valuation Act 2001: Clarke v. Halpin & Anor [2020] IEHC 317 Introduction The case of Clarke v. Halpin & Anor [2020] IEHC 317 presents a...
Broad Arbitration Clause Enforced Under UNCITRAL Model Law: High Court Upholds Clause 21 in Narooma Ltd v. Health Service Executive [2020] IEHC 315

Broad Arbitration Clause Enforced Under UNCITRAL Model Law: High Court Upholds Clause 21 in Narooma Ltd v. Health Service Executive [2020] IEHC 315

Date: Jun 27, 2020
Broad Arbitration Clause Enforced Under UNCITRAL Model Law: High Court Upholds Clause 21 in Narooma Ltd v. Health Service Executive [2020] IEHC 315 Introduction Parties Involved: Plaintiff: Narooma...
Clarke & Ors v. Ireland & Anor (2020) IEHC 716: Upholding Statutory Amendments to Pension Schemes

Clarke & Ors v. Ireland & Anor (2020) IEHC 716: Upholding Statutory Amendments to Pension Schemes

Date: Jun 26, 2020
Clarke & Ors v. Ireland & Anor (2020) IEHC 716: Upholding Statutory Amendments to Pension Schemes Introduction In the case of Clarke & Ors v. Ireland & Anor ([2020] IEHC 716), the High Court of...
Surrender of Respondent Under the European Arrest Warrant Act 2003: Minister for Justice & Equality v. Zaras

Surrender of Respondent Under the European Arrest Warrant Act 2003: Minister for Justice & Equality v. Zaras

Date: Jun 26, 2020
Surrender of Respondent Under the European Arrest Warrant Act 2003: Minister for Justice & Equality v. Zaras Introduction The case of Minister for Justice & Equality v. Zaras (Approved) ([2020] IEHC...
Affirmation of Surrender Procedure and Recognition of Detention Periods in EAW Framework: Minister for Justice and Equality v. Nicola [2020] IEHC 318

Affirmation of Surrender Procedure and Recognition of Detention Periods in EAW Framework: Minister for Justice and Equality v. Nicola [2020] IEHC 318

Date: Jun 26, 2020
Affirmation of Surrender Procedure and Recognition of Detention Periods in European Arrest Warrant Framework: Minister for Justice and Equality v. Cristian Nicola [2020] IEHC 318 Introduction The...
Georgina Saunders v. Irish Life Assurance PLC: Upholding the Duty of Disclosure in Life Insurance Contracts

Georgina Saunders v. Irish Life Assurance PLC: Upholding the Duty of Disclosure in Life Insurance Contracts

Date: Jun 25, 2020
Georgina Saunders v. Irish Life Assurance PLC: Upholding the Duty of Disclosure in Life Insurance Contracts Introduction The case of Georgina Saunders v. Irish Life Assurance PLC ([2020] IEHC 312)...
Enhanced Scrutiny on Particularization of Claims in Default Judgment Applications: Bank of Ireland v McNeela [2020] IEHC 359

Enhanced Scrutiny on Particularization of Claims in Default Judgment Applications: Bank of Ireland v McNeela [2020] IEHC 359

Date: Jun 25, 2020
Enhanced Scrutiny on Particularization of Claims in Default Judgment Applications: Bank of Ireland v McNeela [2020] IEHC 359 Introduction In the case of The Governor and Company of The Bank of...
High Court Rules Industrial Relations (Amendment) Act 2015's Delegation of Law-Making to Minister Unconstitutional under Article 15.2.1°

High Court Rules Industrial Relations (Amendment) Act 2015's Delegation of Law-Making to Minister Unconstitutional under Article 15.2.1°

Date: Jun 24, 2020
High Court Rules Industrial Relations (Amendment) Act 2015's Delegation of Law-Making to Minister Unconstitutional under Article 15.2.1° Introduction The case of Naisiunta Leictreach Contraitheoir...
Transdev Ireland Ltd v. Caplis: Establishing the Bounds of Judicial Review in Unfair Dismissal Appeals

Transdev Ireland Ltd v. Caplis: Establishing the Bounds of Judicial Review in Unfair Dismissal Appeals

Date: Jun 24, 2020
Transdev Ireland Ltd v. Caplis: Establishing the Bounds of Judicial Review in Unfair Dismissal Appeals Introduction The case of Transdev Ireland Ltd v. Caplis ([2020] IEHC 403) is a pivotal High...
Reaffirmation of Burden of Proof in Debt Claims: Ulster Bank DAC v. McDonagh [2020] IEHC 311

Reaffirmation of Burden of Proof in Debt Claims: Ulster Bank DAC v. McDonagh [2020] IEHC 311

Date: Jun 24, 2020
Reaffirmation of Burden of Proof in Debt Claims: Ulster Bank DAC v. McDonagh [2020] IEHC 311 Introduction Ulster Bank DAC & ors v. McDonagh & ors (No.2) [2020] IEHC 311 is a significant judgment...
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