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  • Commentaries

Ireland Case Commentaries

Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Date: May 31, 2025
Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test Introduction This commentary examines the Supreme Court’s decision in Director of Public Prosecutions v....
Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Date: May 31, 2025
Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21 1. Introduction Kirwan v Connors & ors ([2025] IESC 21) is a landmark Supreme Court of Ireland decision...
Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Date: May 31, 2025
Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out Introduction Case Name: Kirwan v Connors & ors (Approved) [2025] IESC 21 (Supreme Court of Ireland) Date: 30 May...
Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Date: May 31, 2025
Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review 1. Introduction In Fahybeg Windfarm Opposition Group & Anor v An Bord Pleanála [2025] IEHC 310, the High Court...

    Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: 
    Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Date: May 31, 2025
Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311 Introduction Angela Heavey owns property adjacent to the...
The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove
            Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

Date: May 31, 2025
The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto 1. Introduction In Gaultier v Four Judges of the Court of...
Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Date: May 30, 2025
Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries 1. Introduction Harrison v Commissioner of An Garda Síochána ([2025] IEHC 303) is a High Court judicial review...
“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

Date: May 30, 2025
“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation 1. Introduction Fitzwilliam Loan Management Unlimited...
“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

Date: May 30, 2025
“Special Care as a Remedy of Last Resort” – Judicial Review Boundaries Clarified in JT (A Minor) v Child and Family Agency [2025] IEHC 316 1. Introduction The High Court judgment delivered by Ms...
“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

Date: May 29, 2025
“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans Commentary on Liqun v. Minister for Justice & Equality & Minister for Business, Enterprise...
Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Date: May 29, 2025
Defendant’s Wrongdoing as Countervailing Factor in Delay Applications Introduction Mullen v O'Brien & Anor ([2025] IEHC 302) is a High Court decision delivered by Mr Justice Barry O’Donnell on May...
Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Date: May 28, 2025
Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd 1. Introduction This commentary examines the High...
“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

Date: May 28, 2025
“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000 Introduction Grall v Meath County Council ([2025] IEHC 318) is a sequel...
Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Date: May 27, 2025
Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions 1. Introduction In Scully v Coucal Ltd [2025]...
Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Date: May 27, 2025
Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast) Introduction This commentary examines the Supreme Court of Ireland’s landmark decision in Scully v...
Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Date: May 27, 2025
Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965 Introduction The Estate of Michael Joseph McNally [Deceased], Re ([2025] IEHC 299) is a High Court probate...
Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Date: May 24, 2025
Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296) Introduction This case concerns a dispute between Sunward Holdings Limited (“Sunward”), the...
Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025
Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...
De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

Date: May 24, 2025
De Novo Review and Oral-Hearing Discretion in International Protection Appeals Introduction M.M.S. v International Protection Appeals Tribunal & Ors [2025] IEHC 294 is a High Court judgment of Mr...
Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Date: May 24, 2025
Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act Introduction In Pszonka v Residential Tenancies Board (Approved) [2025] IEHC 291,...
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