Ireland Case Commentaries

Condon (No. 2): Leave to Appeal Refused Where Proposed Questions Misstate the Judgment and the Commission Failed “Step 1” Engagement with the Development Plan

Date: Mar 12, 2026

Condon (No. 2): Leave to Appeal Refused Where Proposed Questions Misstate the Judgment and the Commission Failed “Step 1” Engagement with the Development Plan 1. Introduction Condon v An Coimisiún...

Winding-Up Refused Where Judgment-Mortgage Enforcement Provides an Adequate Alternative Despite a Deemed-Insolvency Statutory Demand

Date: Mar 12, 2026

Winding-Up Refused Where Judgment-Mortgage Enforcement Provides an Adeate Alternative Despite a Deemed-Insolvency Statutory Demand 1) Introduction This High Court (Cork) decision by Charleton J...

Regulation 7(4) Compliance Principle: District Judges May Refuse Multiple Same-Firm Solicitor Assignments Absent “Good Reason” Direction

Date: Mar 12, 2026

Regulation 7(4) Compliance Principle: District Judges May Refuse Multiple Same-Firm Solicitor Assignments Absent “Good Reason” Direction Case: Cawley v The Director Of Public Prosecutions and Anor,...

Stay Pending Appeal in Private Wind Turbine Nuisance: Okunade Applied, Damages Stayed but Injunction Refused

Date: Mar 12, 2026

Stay Pending Appeal in Private Wind Turbine Nuisance: Okunade Applied, Damages Stayed but Injunction Refused 1. Introduction This judgment ([2026] IEHC 154) is the fourth decision delivered by Ms...

McGreal v Concannon and Anor; McGreal v Court Service Executive and Ors [No. 2] — Commentary

Date: Mar 12, 2026

Plenary Proceedings as an Impermissible “Appeal” from a County Registrar Will Be Struck Out for Want of Jurisdiction; LLP/Firms May Validly Enter an Appearance; Escalating “Lawfare” Justifies Robust...

Costs in Multi-Issue, Multi-Module Litigation: “Separate and Distinct Issues” Drive Targeted Carve‑Outs; Payment on Account Generally Refused Pending a Liability Appeal

Date: Mar 12, 2026

Costs in Multi-Issue, Multi-Module Litigation: “Separate and Distinct Issues” Drive Targeted Carve‑Outs; Payment on Account Generally Refused Pending a Liability Appeal Case: Webster and Anor v...

Objective Conflict of Interest Bars Family Co‑Decision-Maker Appointment; Court May Seek DSS Nominations for a DMR Under s.38(7)(a)

Date: Mar 11, 2026

Objective Conflict of Interest Bars Family Co‑Decision-Maker Appointment; Court May Seek DSS Nominations for a DMR Under s.38(7)(a) 1. Introduction This ex tempore ruling of the High Court (Wards of...

Material Non-Disclosure of Parallel Foreign Proceedings as a Ground to Set Aside Service Out of the Jurisdiction

Date: Mar 10, 2026

Material Non-Disclosure of Parallel Foreign Proceedings as a Ground to Set Aside Service Out of the Jurisdiction 1. Introduction Libyan Blue Bird For Air Transport Co LLC v Executive Authority For...

Pre-s.15C Naturalisation Refusals: Duty to Give Intelligible Reasons and to Consider Exceptional Circumstances in “Continuous Residence”

Date: Mar 10, 2026

Pre-s.15C Naturalisation Refusals: Duty to Give Intelligible Reasons and to Consider Exceptional Circumstances in “Continuous Residence” Case: Ozkaya v The Minister For Justice (Approved) Citation:...

Examinership Not for Special-Purpose Property SPVs with Incidental Employment: Discretion to Refuse Confirmation Where No Community Benefit and Creditor Prejudice

Date: Mar 7, 2026

Examinership Not for Special-Purpose Property SPVs with Incidental Employment: Discretion to Refuse Confirmation Where No Community Benefit and Creditor Prejudice Case: KC Capital Property Group Ltd...

Sequential-Sale Injunctions in Receiver/Mortgagee Sales: Postponing Sale of One Charged Asset Where Another May Discharge the Debt

Date: Mar 6, 2026

Sequential-Sale Injunctions in Receiver/Mortgagee Sales: Postponing Sale of One Charged Asset Where Another May Discharge the Debt Introduction This High Court judgment (O’Connell J, 3 March 2026)...

“Highly Consistent” Psychiatric Findings Must Be Weighed on Credibility and Persecution: Limits of Mere Quotation of Medico-Legal Reports (and a Multi-Factor Approach to s.5(2) Extensions)

Date: Mar 6, 2026

“Highly Consistent” Psychiatric Findings Must Be Weighed on Credibility and Persecution: Limits of Mere Quotation of Medico-Legal Reports (and a Multi-Factor Approach to s.5(2) Extensions) 1....

Wynne v The Office Of The Ombudsman: Judicial Review Leave Refused Where Ombudsman Confined to Administrative-Process Review and Barred from Reassessing Legal Opinions Obtained by the Legal Aid Board

Date: Mar 6, 2026

Judicial Review Leave Refused Where Ombudsman Is Confined to Administrative-Process Review and Cannot Reassess Legal Opinions Underlying Legal Aid Board Refusals 1) Introduction Wynne v The Office Of...

Same-Level High Court Judge Bound by Prior Strike-Out Ruling Unless a Genuinely New, Credible Expert Basis (“Air of Reality”) Emerges

Date: Mar 5, 2026

Same-Level High Court Judge Bound by Prior Strike-Out Ruling Unless a Genuinely New, Credible Expert Basis (“Air of Reality”) Emerges 1) Introduction This High Court ruling (Charleton J, ex tempore,...

Refusing a Stay Against Digital Services Act Complaint-Information Referrals: Okunade Weighting Applies Undiluted Despite Novel/Systemic Challenges

Date: Mar 5, 2026

Refusing a Stay Against Digital Services Act Complaint-Information Referrals: Okunade Weighting Applies Undiluted Despite Novel/Systemic Challenges 1) Introduction This judgment of Ferriter J...

Contempt in the Face of the Court: Custodial Sanctions, No DPP Referral Without Trial Findings, and Remote-Attendance Controls for Persistent Disruption

Date: Mar 5, 2026

Contempt in the Face of the Court: Custodial Sanctions, No DPP Referral Without Trial Findings, and Remote-Attendance Controls for Persistent Disruption Case: Burke v O'Longain and Ors [No. 2]...

Section 28 “Statutory Occupation” Cannot Be Ended by Self‑Help Re‑Entry: Termination Requires a Court Order (Exceptional Circumstances)

Date: Mar 5, 2026

Section 28 “Statutory Occupation” Cannot Be Ended by Self‑Help Re‑Entry: Termination Requires a Court Order (Exceptional Circumstances) Case: Verbenagrove Ltd v Evans and Anor (Approved) [2026] IEHC...

Section 49(7) Permission-to-Remain Reviews: A Brief “Best Interests” Conclusion Can Suffice Where Submissions Are Limited and Family Unity Is Preserved

Date: Mar 5, 2026

Section 49(7) Permission-to-Remain Reviews: A Brief “Best Interests” Conclusion Can Suffice Where Submissions Are Limited and Family Unity Is Preserved 1) Introduction In AAG-A and Anor v The...

Adequacy of Reasons in International Protection Appeals: The DVTS “Conflicting COI” Duty Arises Only Where COI is Genuinely in Conflict

Date: Mar 4, 2026

Adequacy of Reasons in International Protection Appeals: The D.V.T.S. “Conflicting COI” Duty Arises Only Where COI is Genuinely in Conflict 1) Introduction E.S. (Albania) v The International...

Credibility in International Protection: “Full Picture” COI Analysis and Meaningful Assessment of Summonses Before Rejecting Documentary Reliability

Date: Feb 28, 2026

Credibility in International Protection: “Full Picture” COI Analysis and Meaningful Assessment of Summonses Before Rejecting Documentary Reliability Case: T [Algeria] v The International Protection...