Ireland Case Commentaries

Stulpinaite v. The Residential Tenancies Board: Costs and Public Interest in Residential Tenancy Appeals

Date: Apr 24, 2021

Stulpinaite v. The Residential Tenancies Board: Costs and Public Interest in Residential Tenancy Appeals Introduction The case of Stulpinaite v. The Residential Tenancies Board (Approved) ([2021]...

Enhanced Scrutiny of Country of Origin Information in FGM-Based Asylum Claims: RS & Anor v. The International Protection Appeals Tribunal & Anor (2021)

Date: Apr 24, 2021

Enhanced Scrutiny of Country of Origin Information in FGM-Based Asylum Claims: RS & Anor v. The International Protection Appeals Tribunal & Anor (2021) Introduction RS & Anor v. The International...

Entitlement to Cross-Examine in Special Summons Proceedings: O'Riain & Anor v. Trade Marks Act 1996 & Anor [2021] IEHC 278

Date: Apr 24, 2021

Entitlement to Cross-Examine in Special Summons Proceedings Introduction The case of O'Riain & Anor v. Trade Marks Act 1996 & Anor ([2021] IEHC 278) is a pivotal High Court of Ireland decision that...

Montreal Convention's Exclusive Remedy Confirmed in Forde v. Emirates

Date: Apr 23, 2021

Montreal Convention's Exclusive Remedy Confirmed in Forde v. Emirates Introduction The case of Forde v. Emirates (Approved) ([2021] IEHC 298) adjudicated by the High Court of Ireland on April 22,...

Establishing Precedent for Conditional Confirmation of Interlocking Schemes of Arrangement under Companies Act 2014: Arctic Aviation Assets DAC & Ors v. Companies Act 2014 ([2021] IEHC 272)

Date: Apr 23, 2021

Establishing Precedent for Conditional Confirmation of Interlocking Schemes of Arrangement under Companies Act 2014 Introduction The case of Arctic Aviation Assets Designated Activity Company & Ors...

Public Authority Exclusions Under Directive 2003/4/EC: Insights from Right To Know CLG v. Commissioner For Environmental Information

Date: Apr 23, 2021

Public Authority Exclusions Under Directive 2003/4/EC: Insights from Right To Know CLG v. Commissioner For Environmental Information Introduction The case of Right To Know CLG v. Commissioner For...

Arctic Aviation v. Companies Act 2014: Empowering Corporate Restructuring through S.537 Repudiation

Date: Apr 22, 2021

Arctic Aviation v. Companies Act 2014: Empowering Corporate Restructuring through S.537 Repudiation Introduction The High Court of Ireland delivered a significant judgment on April 21, 2021, in the...

Enhancing Family Rights of Prisoners: High Court's Decision in Mulhall v. The Irish Prison Service

Date: Apr 21, 2021

Enhancing Family Rights of Prisoners: High Court's Decision in Mulhall v. The Irish Prison Service Introduction The case of Mulhall v. The Irish Prison Service & Ors ([2021] IEHC 267) revolves around...

RTK v. Commissioner for Environmental Information: Broadening the Definition of Environmental Information

Date: Apr 21, 2021

RTK v. Commissioner for Environmental Information: Broadening the Definition of Environmental Information Introduction The High Court of Ireland delivered its judgment on April 20, 2021, in the case...

An Taisce v. An Bord Pleanála: Reinforcing Environmental Assessment Boundaries in Development Approvals

Date: Apr 21, 2021

An Taisce v. An Bord Pleanála: Reinforcing Environmental Assessment Boundaries in Development Approvals Introduction The case An Taisce - The National Trust for Ireland v. An Bord Pleanála & ors...

Clarence Hotel v. AXA Insurance: Interpretation of Business Interruption Clauses in COVID-19 Context

Date: Apr 20, 2021

Clarence Hotel v. AXA Insurance: Interpretation of Business Interruption Clauses in COVID-19 Context Introduction The case of Brushfield Ltd (T/A The Clarence Hotel) v. Arachas Corporate Brokers Ltd...

Supreme Court Upholds Strict Leave Requirements for Appeals in Animal Welfare Seizure Cases

Date: Apr 17, 2021

Supreme Court Upholds Strict Leave Requirements for Appeals in Animal Welfare Seizure Cases Introduction The case of Sfar v. Minister for Agriculture (2021_IESCDET_42) before the Supreme Court of...

Sfar v. Minister for Agriculture: Refining the Threshold for Supreme Court Appeals in Matters of Public Importance

Date: Apr 17, 2021

Sfar v. Minister for Agriculture: Refining the Threshold for Supreme Court Appeals in Matters of Public Importance Introduction Sfar v. Minister for Agriculture (2021_IESCDET_40) is a pivotal case...

Surrender of Respondents Under the European Arrest Warrant Act: Insights from Minister for Justice and Equality v. Jarokovas [2021] IEHC 270

Date: Apr 17, 2021

Surrender of Respondents Under the European Arrest Warrant Act: Insights from Minister for Justice and Equality v. Jarokovas [2021] IEHC 270 Introduction The case of Minister for Justice and Equality...

Judicial Discretion in Cost Awards: Hanrahan v. Waterstone & Ors [2021] IEHC 274

Date: Apr 17, 2021

Judicial Discretion in Cost Awards: Hanrahan v. Waterstone & Ors [2021] IEHC 274 Introduction The case of Hanrahan v. Waterstone & Ors ([2021] IEHC 274) adjudicated by the High Court of Ireland,...

Client Identity Not Protected by Legal Professional Privilege: Ulster Bank v. Brennan [2021] IEHC 324

Date: Apr 17, 2021

Client Identity Not Protected by Legal Professional Privilege: Ulster Bank v. Brennan [2021] IEHC 324 Introduction The case of Ulster Bank Designated Activity Company v. Brennan ([2021] IEHC 324) was...

Strict Adherence to Leave to Appeal Criteria Affirmed in Sfar v. Judge Brennan [2021]

Date: Apr 17, 2021

Strict Adherence to Leave to Appeal Criteria Affirmed in Sfar v. Judge Brennan [2021] Introduction The case of Sfar v. Judge Brennan & Ors (2021 IESCDET 41) before the Supreme Court of Ireland...

High Court Establishes Limits on Access to Section 47 Reports in Matrimonial Proceedings

Date: Apr 17, 2021

High Court Establishes Limits on Access to Section 47 Reports in Matrimonial Proceedings Introduction The case of C.B. v C.M. (Approved) ([2021] IEHC 860) was adjudicated by the High Court of Ireland...

Affirming the Carltona Principle and Proportionality in Article 8 ECHR: Insights from MK v Minister for Justice and Equality [2021] IEHC 275

Date: Apr 17, 2021

Affirming the Carltona Principle and Proportionality in Article 8 ECHR: Insights from MK v Minister for Justice and Equality [2021] IEHC 275 Introduction In the case of MK v Minister for Justice and...

Enforcement of European Arrest Warrant Ensured Under ECHR Compliance: Minister for Justice and Equality v. Ragabeja

Date: Apr 17, 2021

Enforcement of European Arrest Warrant Ensured Under ECHR Compliance: Minister for Justice and Equality v. Ragabeja Introduction The case of Minister for Justice and Equality v. Ragabeja (Approved)...