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  • Commentaries

Ireland Case Commentaries

Dismissal of Litigation Due to Delay and Fair Trial Concerns in O'Sullivan v. HSE [2020] IEHC 596

Dismissal of Litigation Due to Delay and Fair Trial Concerns in O'Sullivan v. HSE [2020] IEHC 596

Date: Nov 12, 2020
Dismissal of Litigation Due to Delay and Fair Trial Concerns in O'Sullivan v. Health Service Executive [2020] IEHC 596 Introduction O'Sullivan v. The Health Service Executive (Approved) is a...
Interpretation of Security Forms under Public Works Contracts: KD Mechanical Engineers Ltd v. P.J McLoughlin & Sons Ltd

Interpretation of Security Forms under Public Works Contracts: KD Mechanical Engineers Ltd v. P.J McLoughlin & Sons Ltd

Date: Nov 12, 2020
Interpretation of Security Forms under Public Works Contracts: KD Mechanical Engineers Ltd v. P.J McLoughlin & Sons Ltd Introduction The case of KD Mechanical Engineers Ltd v. P.J McLoughlin & Sons...
Affirming Procedural Fairness in Deportation Proceedings: Commentary on SAM v. Minister for Justice & Equality [2020] IEHC 588

Affirming Procedural Fairness in Deportation Proceedings: Commentary on SAM v. Minister for Justice & Equality [2020] IEHC 588

Date: Nov 11, 2020
Affirming Procedural Fairness in Deportation Proceedings: Commentary on SAM v. Minister for Justice & Equality [2020] IEHC 588 1. Introduction SAM v. Minister for Justice & Equality ([2020] IEHC 588)...
Partial Costs Awarded to Deter Unreasonable Litigation in Judicial Separation Proceedings

Partial Costs Awarded to Deter Unreasonable Litigation in Judicial Separation Proceedings

Date: Nov 11, 2020
Partial Costs Awarded to Deter Unreasonable Litigation in Judicial Separation Proceedings Introduction The High Court of Ireland, in the case of H v. H (Approved) [2020] IEHC 553, addressed critical...
High Court Clarifies Internal Relocation Requirements for Refugee Status in NNM v. The International Protection Appeals Tribunal & Anor [2020] IEHC 590

High Court Clarifies Internal Relocation Requirements for Refugee Status in NNM v. The International Protection Appeals Tribunal & Anor [2020] IEHC 590

Date: Nov 11, 2020
High Court Clarifies Internal Relocation Requirements for Refugee Status in NNM v. The International Protection Appeals Tribunal & Anor [2020] IEHC 590 Introduction The case NNM v. The International...
Cost Adjudication in Interlocutory Applications: Insights from Flogas Ireland Ltd & Anor v. North West Gas Company Ltd [2020] IEHC 563

Cost Adjudication in Interlocutory Applications: Insights from Flogas Ireland Ltd & Anor v. North West Gas Company Ltd [2020] IEHC 563

Date: Nov 7, 2020
Cost Adjudication in Interlocutory Applications: Insights from Flogas Ireland Ltd & Anor v. North West Gas Company Ltd [2020] IEHC 563 Introduction The case of Flogas Ireland Limited & Anor v. North...
High Court Overturns Ombudsman's Decision in Insurance Claim Assessment

High Court Overturns Ombudsman's Decision in Insurance Claim Assessment

Date: Nov 7, 2020
High Court Overturns Ombudsman's Decision in Insurance Claim Assessment Introduction The case of Utmost Paneurope DAC v. Financial Services and Pensions Ombudsman (Approved) ([2020] IEHC 565) was...
Director Disqualification and Documentary Obligations: A Commentary on Whelan Limestone Quarries Ltd v. Companies Act 1963 to 2009

Director Disqualification and Documentary Obligations: A Commentary on Whelan Limestone Quarries Ltd v. Companies Act 1963 to 2009

Date: Nov 7, 2020
Director Disqualification and Documentary Obligations: A Commentary on Whelan Limestone Quarries Ltd & Ors v. Companies Act 1963 to 2009 1. Introduction The case of Whelan Limestone Quarries Ltd &...
Stan v. The Chief Appeals Officer: New Precedent on Backdated EU Social Security Benefits

Stan v. The Chief Appeals Officer: New Precedent on Backdated EU Social Security Benefits

Date: Nov 7, 2020
Stan v. The Chief Appeals Officer: New Precedent on Backdated EU Social Security Benefits Introduction In Stan v. The Chief Appeals Officer & Ors (Approved) ([2020] IEHC 548), the High Court of...
Proper Provision and Financial Disclosure in Divorce: Analysis of M v S [2020] IEHC 562

Proper Provision and Financial Disclosure in Divorce: Analysis of M v S [2020] IEHC 562

Date: Nov 7, 2020
Proper Provision and Financial Disclosure in Divorce: Analysis of M v S [2020] IEHC 562 Introduction M v. S (Approved) ([2020] IEHC 562) is a pivotal case adjudicated by the High Court of Ireland on...
Ensuring Procedural Compliance in Ombudsman Appeals: An Analysis of O'Connell v. Financial Services and Pensions Ombudsman [2020] IEHC 559

Ensuring Procedural Compliance in Ombudsman Appeals: An Analysis of O'Connell v. Financial Services and Pensions Ombudsman [2020] IEHC 559

Date: Nov 6, 2020
Ensuring Procedural Compliance in Ombudsman Appeals: An Analysis of O'Connell v. Financial Services and Pensions Ombudsman [2020] IEHC 559 Introduction O'Connell v. Financial Services and Pensions...
Legitimate Expectation in Tax Assessments: The Perrigo Pharma Case

Legitimate Expectation in Tax Assessments: The Perrigo Pharma Case

Date: Nov 5, 2020
Legitimate Expectation in Tax Assessments: The Perrigo Pharma Case Introduction The case of Perrigo Pharma International DAC v. McNamara & Ors (2020) [2020] IEHC 552 is a pivotal judicial review...
Supreme Court Clarifies Standards for Joining Third-Party Defendants in Professional Negligence Cases

Supreme Court Clarifies Standards for Joining Third-Party Defendants in Professional Negligence Cases

Date: Nov 5, 2020
Supreme Court Clarifies Standards for Joining Third-Party Defendants in Professional Negligence Cases Introduction The case of Mangan v. Dockeray & Ors ([2020] IESC 67) adjudicated by the Supreme...
Constitutional Rights and Judicial Review in Immigration Deportation: AA & Ors v Minister for Justice and Equality [2020] IEHC 561

Constitutional Rights and Judicial Review in Immigration Deportation: AA & Ors v Minister for Justice and Equality [2020] IEHC 561

Date: Nov 4, 2020
Constitutional Rights and Judicial Review in Immigration Deportation: AA & Ors v Minister for Justice and Equality [2020] IEHC 561 Introduction The case of AA & Ors v Minister for Justice and...
Credibility Assessment and Adequate Reasoning in Refugee Protection Cases: SKS v. The International Protection Appeals Tribunal [2020] IEHC 560

Credibility Assessment and Adequate Reasoning in Refugee Protection Cases: SKS v. The International Protection Appeals Tribunal [2020] IEHC 560

Date: Nov 4, 2020
Credibility Assessment and Adequate Reasoning in Refugee Protection Cases: SKS v. The International Protection Appeals Tribunal [2020] IEHC 560 Introduction The case of SKS v. The International...
High Court Sets New Precedent on Maternity Leave Entitlements for Teachers

High Court Sets New Precedent on Maternity Leave Entitlements for Teachers

Date: Nov 3, 2020
High Court Sets New Precedent on Maternity Leave Entitlements for Teachers Introduction The case of The Boards of Management of Scoil an Chroi ro Naofa iosa & Ors v. Donnelly & Ors ([2020] IEHC 550)...
Strict Thresholds for Leapfrog Appeals Reinforced in Bank of Ireland v. Morrissey

Strict Thresholds for Leapfrog Appeals Reinforced in Bank of Ireland v. Morrissey

Date: Nov 3, 2020
Strict Thresholds for Leapfrog Appeals Reinforced in Bank of Ireland v. Morrissey Introduction The case of The Governor and Company of the Bank of Ireland v. Morrissey [2020] IESCDET 125, adjudicated...
Reaffirming Solicitor Trustworthiness: High Court Strikes Off Doocey for Systematic Financial Misconduct

Reaffirming Solicitor Trustworthiness: High Court Strikes Off Doocey for Systematic Financial Misconduct

Date: Nov 3, 2020
Reaffirming Solicitor Trustworthiness: High Court Strikes Off Doocey for Systematic Financial Misconduct Introduction The case of The Law Society of Ireland v. Doocey ([2020] IEHC 581) represents a...
Cost Allocation in Data Protection Litigation: Insights from The Data Protection Commissioner v. Facebook Ireland Ltd and Anor [2020] IEHC 537

Cost Allocation in Data Protection Litigation: Insights from The Data Protection Commissioner v. Facebook Ireland Ltd and Anor [2020] IEHC 537

Date: Oct 31, 2020
Cost Allocation in Data Protection Litigation: Insights from The Data Protection Commissioner v. Facebook Ireland Ltd and Anor [2020] IEHC 537 Introduction The case of The Data Protection...
Refusal of Surrender Under Section 45 of the European Arrest Warrant Act: Minister for Justice & Equality v. Jurcenoks

Refusal of Surrender Under Section 45 of the European Arrest Warrant Act: Minister for Justice & Equality v. Jurcenoks

Date: Oct 31, 2020
Refusal of Surrender Under Section 45 of the European Arrest Warrant Act: Minister for Justice & Equality v. Jurcenoks Introduction The case of Minister for Justice & Equality v. Jurcenoks ([2020]...
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