Ireland Case Commentaries

Conditional Purchase Options and Unlawful Occupancy: Analysis of Kirby v. Express Bus Ltd [2021] IEHC 334

Date: May 15, 2021

Conditional Purchase Options and Unlawful Occupancy: Analysis of Kirby v. Express Bus Ltd [2021] IEHC 334 Introduction Kirby v. Express Bus Ltd ([2021] IEHC 334) is a landmark case adjudicated by the...

Limits on Renewal of Summons: Inadvertence Does Not Constitute Special Circumstances in Personal Injury Claims - Nolan v Trustees Of Bridge United AFC & Anor [2021] IEHC 335

Date: May 15, 2021

Limits on Renewal of Summons: Inadvertence Does Not Constitute Special Circumstances in Personal Injury Claims Nolan v. Trustees Of Bridge United AFC & Anor [2021] IEHC 335 Introduction Nolan v....

Limits of Inherent Jurisdiction in Civil Litigation: Irish Bank Resolution Corporation Ltd v Fingleton [2021] IEHC 372

Date: May 15, 2021

Limits of Inherent Jurisdiction in Civil Litigation: Irish Bank Resolution Corporation Ltd v Fingleton [2021] IEHC 372 Introduction The case Irish Bank Resolution Corporation Limited v Michael P....

BM v. DPP: Upholding the Discretion of the Director of Public Prosecutions in Recharging Decisions

Date: May 15, 2021

BM v. Director of Public Prosecutions (DPP): Upholding the Discretion of the DPP in Recharging Decisions Introduction BM v. The Director of Public Prosecutions (Approved) [2021] IEHC 332 is a pivotal...

Reinterpreting Section 115: The Discretion of Courts in Approving Personal Insolvency Arrangements – Commentary on Kirwan v. Personal Insolvency Acts 2021-2015

Date: May 14, 2021

Reinterpreting Section 115: The Discretion of Courts in Approving Personal Insolvency Arrangements – Commentary on Kirwan v. Personal Insolvency Acts 2021-2015 Introduction Kirwan v. Personal...

GC v. Governor of Cork Prison: High Court Clarifies Jurisdictional Limits in Mental Health Detentions

Date: May 14, 2021

GC v. Governor of Cork Prison: High Court Clarifies Jurisdictional Limits in Mental Health Detentions Introduction The case GC v. Governor of Cork Prison (Approved) [2021] IEHC 563 was adjudicated by...

Enhancing Credibility Assessments in Asylum Claims: Insights from EH v. The International Protection Appeals Tribunal & Anor [2021] IEHC 367

Date: May 14, 2021

Enhancing Credibility Assessments in Asylum Claims: Insights from EH v. The International Protection Appeals Tribunal & Anor [2021] IEHC 367 Introduction The High Court of Ireland rendered a...

DH v. KC (Approved) [2021] IEHC 579: Establishing Precedents in Child Relocation Cases

Date: May 14, 2021

DH v. KC (Approved) [2021] IEHC 579: Establishing Precedents in Child Relocation Cases Introduction DH v. KC ([2021] IEHC 579) is a landmark judgment delivered by Mr. Justice Jordan of the High Court...

Application of Cost Rules in Judicial Review Proceedings: Insights from McGovern v. The Chief Appeals Officer [2021] IEHC 325

Date: May 13, 2021

Application of Cost Rules in Judicial Review Proceedings: Insights from McGovern v. The Chief Appeals Officer [2021] IEHC 325 Introduction McGovern v. The Chief Appeals Officer & Ors (Approved)...

High Court Refines Interpretation of European Arrest Warrant Surrender Conditions under s.10(d) of the EAW Act 2003

Date: May 13, 2021

High Court Refines Interpretation of European Arrest Warrant Surrender Conditions under s.10(d) of the EAW Act 2003 Introduction In the landmark case of Minister for Justice & Equality v. Gustas...

Grace v Hendrick: Court Affirms Inherent Jurisdiction to Mandate Disclosure of Religious Congregation Members in Vicarious Liability Claims

Date: May 12, 2021

Grace v. Hendrick & Anor: Affirming Inherent Jurisdiction for Disclosure in Vicarious Liability within Religious Congregations Introduction Case Overview Grace v. Hendrick & Anor (Approved) ([2021]...

Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32

Date: May 12, 2021

Delay in Issuing Deportation Orders Does Not Confer Residency Rights: Analysis of H & anor v. The Minister for Justice & Equality [2021] IESC 32 Introduction The case of H & anor v. The Minister for...

Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352

Date: May 12, 2021

Mandatoriness of Cost Orders in Non-party Discovery Applications: High Court's Decision in A v. B [2021] IEHC 352 Introduction The High Court of Ireland, in the judgment of Mr Justice Max Barrett...

Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications

Date: May 12, 2021

Refusal of Leave to Appeal in Pepper Finance v. Murray: Procedural and EU Law Implications Introduction Pepper Finance v. Murray ([2021] IESCDET 53) is a significant Supreme Court of Ireland decision...

Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána

Date: May 12, 2021

Quashing of Garda Síochána Regulation 12 Notice: Murphy v. The Commissioner of An Garda Síochána Introduction Murphy v. The Commissioner of An Garda Síochána ([2021] IEHC 354) is a landmark case...

Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins

Date: May 12, 2021

Finality in Commercial Litigation: Supreme Court Denies Leave to Appeal in Ulster Bank v. Collins Introduction Ulster Bank v. Collins ([2021] IESCDET 54) is a pivotal case in the Supreme Court of...

Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286

Date: May 12, 2021

Interpreting Variable Interest Rate Clauses in Mortgage Agreements: Insights from Start Mortgages DAC v Keating & Anor [2021] IEHC 286 Introduction The case of Start Mortgages DAC v. Keating & Anor...

Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals

Date: May 11, 2021

Supreme Court Refuses Leapfrog Appeal in KBC Bank Ireland PLC v. Brennan: Reinforcing Criteria for Direct High Court Appeals Introduction The case of KBC Bank Ireland PLC v. Brennan ([2021] IESCDET...

Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala

Date: May 11, 2021

Enforcement of EIA Regulation 299B: New Precedent in Waltham Abbey Residents Association v. An Bord Pleanala Introduction The case of Waltham Abbey Residents Association v. An Bord Pleanala & Ors...

Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors

Date: May 11, 2021

Clarifying the Requirement for Substituted Consent in Life-Sustaining Treatment Withdrawal: A v. Hickey & Ors Introduction A v. Hickey & Ors (Approved) ([2021] IEHC 318) is a landmark judgment...