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  • Commentaries

Ireland Case Commentaries

Clarifying the Objective Test for Judicial Recusal: Insights from O'Connell v. Financial Services Ombudsman (2020)

Clarifying the Objective Test for Judicial Recusal: Insights from O'Connell v. Financial Services Ombudsman (2020)

Date: Oct 21, 2020
Clarifying the Objective Test for Judicial Recusal: Insights from O'Connell v. Financial Services Ombudsman (2020) Introduction The case of O'Connell v. Financial Services and Pensions Ombudsman...
Public Interest Prevails Over Individual Rights in EAW Surrender: Commentary on Minister v. Zegarek [2020] IEHC 532

Public Interest Prevails Over Individual Rights in EAW Surrender: Commentary on Minister v. Zegarek [2020] IEHC 532

Date: Oct 21, 2020
Public Interest Prevails Over Individual Rights in EAW Surrender: Commentary on Minister for Justice and Equality v. Zegarek [2020] IEHC 532 Introduction The case of Minister for Justice and Equality...
Establishing Credibility Standards in Refugee Claims: Analysis of RK v. International Protection Appeals Tribunal & ors [2020] IEHC 522

Establishing Credibility Standards in Refugee Claims: Analysis of RK v. International Protection Appeals Tribunal & ors [2020] IEHC 522

Date: Oct 21, 2020
Establishing Credibility Standards in Refugee Claims: Analysis of RK v. International Protection Appeals Tribunal & ors [2020] IEHC 522 Introduction The case of RK v. The International Protection...
Judicial Immunity from Costs in Judicial Review Proceedings: Kilty v. Judge Dunne ([2020] IESC 65)

Judicial Immunity from Costs in Judicial Review Proceedings: Kilty v. Judge Dunne ([2020] IESC 65)

Date: Oct 21, 2020
Judicial Immunity from Costs in Judicial Review Proceedings: Kilty v. Judge Dunne ([2020] IESC 65) Introduction Kilty v. Judge Dunne ([2020] IESC 65) is a landmark decision by the Supreme Court of...
Lawfulness of Detention Procedures under Article 40.4.2° - C.I. v. Dun Laoghaire Garda Station [2020] IEHC 512

Lawfulness of Detention Procedures under Article 40.4.2° - C.I. v. Dun Laoghaire Garda Station [2020] IEHC 512

Date: Oct 21, 2020
Lawfulness of Detention Procedures under Article 40.4.2° Introduction The case C.I. v. The Member in Charge of Dun Laoghaire Garda Station [2020] IEHC 512 was adjudicated by the High Court of Ireland...
Affirmation of European Arrest Warrant Procedures Amid Procedural Delays: Insights from Minister for Justice v. Zegarek

Affirmation of European Arrest Warrant Procedures Amid Procedural Delays: Insights from Minister for Justice v. Zegarek

Date: Oct 21, 2020
Affirmation of European Arrest Warrant Procedures Amid Procedural Delays: Insights from Minister for Justice and Equality v. Zegarek ([2020] IEHC 531) Introduction Minister for Justice and Equality...
High Court of Ireland Affirms Public Policy Supersedes Mutual Recognition in Cross-Border CVA Enforcement

High Court of Ireland Affirms Public Policy Supersedes Mutual Recognition in Cross-Border CVA Enforcement

Date: Oct 21, 2020
High Court of Ireland Affirms Public Policy Supersedes Mutual Recognition in Cross-Border CVA Enforcement Introduction The case of Apperley Investments Ltd & Ors v. Monsoon Accessorize Ltd ([2020]...
Estoppel and Abuse of Process in Voluntary Liquidation: Walsh v. An Post National Lottery Company (2020)

Estoppel and Abuse of Process in Voluntary Liquidation: Walsh v. An Post National Lottery Company (2020)

Date: Oct 20, 2020
Estoppel and Abuse of Process in Voluntary Liquidation: Walsh v. An Post National Lottery Company (2020) Introduction The High Court of Ireland delivered its judgment on October 19, 2020, in the case...
Supreme Court Upholds Vested Rights in Intercountry Adoptions under Adoption Act 2010

Supreme Court Upholds Vested Rights in Intercountry Adoptions under Adoption Act 2010

Date: Oct 20, 2020
Supreme Court Upholds Vested Rights in Intercountry Adoptions under Adoption Act 2010 Introduction The Supreme Court of Ireland, in the landmark case Udaras Uchtala v. M. & Ors (Unapproved),...
Obligation to Use Best Endeavours in Fee Recovery: High Court Sets New Precedent in DK v MK [2020] IEHC 520

Obligation to Use Best Endeavours in Fee Recovery: High Court Sets New Precedent in DK v MK [2020] IEHC 520

Date: Oct 16, 2020
Obligation to Use Best Endeavours in Fee Recovery: High Court Sets New Precedent in DK v MK [2020] IEHC 520 Introduction DK v MK [2020] IEHC 520 is a landmark judgment delivered by Ms. Justice Niamh...
Affirmation of State Discretion in Immigration Matters: Commentary on J.W. & ors v. The Minister for Justice and Equality & ors [2020] IEHC 500

Affirmation of State Discretion in Immigration Matters: Commentary on J.W. & ors v. The Minister for Justice and Equality & ors [2020] IEHC 500

Date: Oct 16, 2020
Affirmation of State Discretion in Immigration Matters: Commentary on J.W. & ors v. The Minister for Justice and Equality & ors [2020] IEHC 500 Introduction The case of J.W. & ors v. The Minister for...
Reaffirmation of the Doctrine of Mootness: A Commentary on Shields v. The Central Bank of Ireland (2020)

Reaffirmation of the Doctrine of Mootness: A Commentary on Shields v. The Central Bank of Ireland (2020)

Date: Oct 16, 2020
Reaffirmation of the Doctrine of Mootness: A Commentary on Shields v. The Central Bank of Ireland (2020) Introduction The case of Shields v. The Central Bank of Ireland (Approved) ([2020] IEHC 518)...
New Look Retailers (Ireland) Ltd v. The Companies Act, 2014: A Landmark Decision on Examinership and Court Discretion

New Look Retailers (Ireland) Ltd v. The Companies Act, 2014: A Landmark Decision on Examinership and Court Discretion

Date: Oct 15, 2020
New Look Retailers (Ireland) Ltd v. The Companies Act, 2014: A Landmark Decision on Examinership and Court Discretion Introduction In the High Court of Ireland case New Look Retailers (Ireland) Ltd...
Security for Costs and Payment Out: Supreme Court Decision in Miranda & Ors v Rosas Construtores SA & Ors (2020)

Security for Costs and Payment Out: Supreme Court Decision in Miranda & Ors v Rosas Construtores SA & Ors (2020)

Date: Oct 15, 2020
Security for Costs and Payment Out: Supreme Court Decision in Miranda & Ors v Rosas Construtores SA & Ors (2020) Introduction The Supreme Court of Ireland, in the case of Miranda & Ors v. Rosas...
Minister Not Obliged to Facilitate Re-entry After Consent to Reapply for International Protection

Minister Not Obliged to Facilitate Re-entry After Consent to Reapply for International Protection

Date: Oct 14, 2020
Minister Not Obliged to Facilitate Re-entry After Consent to Reapply for International Protection Introduction The case Seredych v. The Minister for Justice (Unapproved) ([2020] IESC 62) was...
Establishing Principles for Substantive Injunctions in Deportation Cases: Analysis of B.S (India) & Anor v. The Minister for Justice and Equality & Ors (No.3)

Establishing Principles for Substantive Injunctions in Deportation Cases: Analysis of B.S (India) & Anor v. The Minister for Justice and Equality & Ors (No.3)

Date: Oct 13, 2020
Establishing Principles for Substantive Injunctions in Deportation Cases Introduction The case B.S (India) & Anor v. The Minister for Justice and Equality & Ors (No.3) ([2020] IEHC 485) delivered by...
Surrender Precluded by Lack of Reciprocity and Accrued Rights in Minister for Justice and Equality v. Bailey (2020) IEHC 528

Surrender Precluded by Lack of Reciprocity and Accrued Rights in Minister for Justice and Equality v. Bailey (2020) IEHC 528

Date: Oct 13, 2020
Surrender Precluded by Lack of Reciprocity and Accrued Rights in Minister for Justice and Equality v. Bailey (2020) IEHC 528 Introduction Minister for Justice and Equality v. Bailey (Approved)...
Establishing Clear Procedures for Substituted Service and Privacy Protections in Defamation Cases: The Guerin v. O'Doherty Judgment

Establishing Clear Procedures for Substituted Service and Privacy Protections in Defamation Cases: The Guerin v. O'Doherty Judgment

Date: Oct 13, 2020
Establishing Clear Procedures for Substituted Service and Privacy Protections in Defamation Cases: The Guerin v. O'Doherty Judgment Introduction The case of Guerin v. O’Doherty (Approved) [2020] IEHC...
Supreme Court Refines Criteria for 'Leapfrog Appeals' in Pepper Finance v. Jenkins

Supreme Court Refines Criteria for 'Leapfrog Appeals' in Pepper Finance v. Jenkins

Date: Oct 13, 2020
Supreme Court Refines Criteria for 'Leapfrog Appeals' in Pepper Finance v. Jenkins Introduction The Supreme Court of Ireland, in Pepper Finance Corporation (Ireland) Designated Activity Company v....
No Relevant Debt: Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved)

No Relevant Debt: Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved)

Date: Oct 13, 2020
No Relevant Debt: Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved) Introduction In the landmark case of Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved) ([2020] IEHC 506),...
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