Ireland Case Commentaries

Kiely v. The Director of Public Prosecutions: Clarifying the Limits of Prosecutorial Delay in Fair Trial Rights

Date: Mar 6, 2021

Prosecutorial Delay and Fair Trial Rights: An Analysis of Kiely v. The Director of Public Prosecutions [2021] IEHC 156 Introduction Kiely v. The Director of Public Prosecutions ([2021] IEHC 156) is a...

Reaffirming Discretion and Procedural Timeframes in Social Welfare Appeals: O'Connor v. Chief Appeals Officer [2021] IEHC 155

Date: Mar 6, 2021

Reaffirming Discretion and Procedural Timeframes in Social Welfare Appeals: O'Connor v. Chief Appeals Officer [2021] IEHC 155 Introduction In the case of O'Connor v. Chief Appeals Officer & Anor...

Clarifying the Burden of Proof under Section 26: Ward v. McDonagh [2021] IEHC 239

Date: Mar 6, 2021

Clarifying the Burden of Proof under Section 26: Ward v. McDonagh [2021] IEHC 239 Introduction Ward v. McDonagh ([2021] IEHC 239) is a significant judgment delivered by Mr. Justice Bernard Barton in...

Barry v. The Personal Insolvency Acts 2012-2015: Interpretation of the 12-Month Protective Certificate Rule

Date: Mar 5, 2021

Barry v. The Personal Insolvency Acts 2012-2015: Interpretation of the 12-Month Protective Certificate Rule Introduction Case Citation: Barry v. The Personal Insolvency Acts 2012-2015 (Approved)...

Application of Section 26 of the Civil Liability and Courts Act 2004 in Personal Injury Claims: Murphy v Palmer [2021] IEHC 154

Date: Mar 5, 2021

Application of Section 26 of the Civil Liability and Courts Act 2004 in Personal Injury Claims: Murphy v Palmer [2021] IEHC 154 Introduction Murphy v. Palmer [2021] IEHC 154 is a significant judgment...

Expansion of Particulars in Unjust Enrichment Claims: Analysis of HKR Middle East Architects Engineering LLC & Anor v. English (No. 2) (Approved) ([2021] IEHC 142)

Date: Mar 4, 2021

Expansion of Particulars in Unjust Enrichment Claims: Analysis of HKR Middle East Architects Engineering LLC & Anor v. English (No. 2) (Approved) ([2021] IEHC 142) Introduction The case of HKR Middle...

Hosford v. Ireland & Ors [2021] IEHC 133: Upholding Procedural Integrity in Employment Litigation

Date: Mar 4, 2021

Hosford v. Ireland & Ors [2021] IEHC 133: Upholding Procedural Integrity in Employment Litigation Introduction Case: Hosford v. Ireland & Ors ([2021] IEHC 133) Court: High Court of Ireland Date:...

Reaffirming Procedural Integrity in Judicial Reopening: Greenwich Project Holdings Ltd v. Cronin

Date: Mar 4, 2021

Reaffirming Procedural Integrity in Judicial Reopening: Greenwich Project Holdings Ltd v. Cronin Introduction The case of Greenwich Project Holdings Ltd v. Cronin ([2021] IEHC 145) was adjudicated by...

Limitation of Court's Authority to Remand under Section 99(17) of the Criminal Justice Act 2006: Boyle v. DPP [2021] IEHC 159

Date: Mar 4, 2021

Limitation of Court's Authority to Remand under Section 99(17) of the Criminal Justice Act 2006: Boyle v. Director of Public Prosecutions [2021] IEHC 159 Introduction Boyle v. Director of Public...

Cost Allocation in Moot Proceedings: FA v. The International Protection Appeals Tribunal & Ors [2021] IEHC 147

Date: Mar 4, 2021

Cost Allocation in Moot Proceedings: FA v. The International Protection Appeals Tribunal & Ors [2021] IEHC 147 Introduction The case of FA v. The International Protection Appeals Tribunal & Ors...

Hossain v. The Minister for Business Enterprise and Innovation: Affirming Ministerial Discretion in Employment Permit Applications

Date: Mar 4, 2021

Hossain v. The Minister for Business Enterprise and Innovation: Affirming Ministerial Discretion in Employment Permit Applications Introduction The case of Hossain v. The Minister for Business...

Affirmation of Issue Estoppel in European Arrest Warrant Proceedings: Minister for Justice and Equality v. Orlowski

Date: Mar 3, 2021

Affirmation of Issue Estoppel in European Arrest Warrant Proceedings: Minister for Justice and Equality v. Orlowski Introduction The case of Minister for Justice and Equality v. Orlowski (Approved)...

High Court Upholds Medical Council's Suspension of Dr. Gerard Waters for Covid-19 Misconduct

Date: Mar 3, 2021

High Court Upholds Medical Council's Suspension of Dr. Gerard Waters for Covid-19 Misconduct Introduction The case of Medical Council v. Waters (Approved) ([2021] IEHC 252) was adjudicated by the...

High Court Upholds Flexibility in Appointments Under Section 795(6) of the Companies Act 2014

Date: Mar 3, 2021

High Court Upholds Flexibility in Appointments Under Section 795(6) of the Companies Act 2014 Introduction The case of Director of Corporate Enforcement v. Cumann Peile Na H-Éireann "Football...

Separation of Powers in Education Policy: Insights from Sherry v. Minister for Education and Skills & Ors [2021] IEHC 128

Date: Mar 3, 2021

Separation of Powers in Education Policy: Insights from Sherry v. Minister for Education and Skills & Ors [2021] IEHC 128 Introduction The case of Sherry v. The Minister for Education and Skills &...

Microstrain Ltd v. Delany & Ors [2021] IEHC 136: Upholding Confidentiality and Imposing Costs in Employment-Related Litigation

Date: Mar 3, 2021

Microstrain Ltd v. Delany & Ors [2021] IEHC 136: Upholding Confidentiality and Imposing Costs in Employment-Related Litigation Introduction Microstrain Ltd Trading As CubicM3 v. Delany & Ors...

Prospective Risk in Asylum Claims Must Be Considered Independently of Past Persecution Credibility: E v. The International Protection Appeals Tribunal & Ors ([2021] IEHC 220)

Date: Mar 3, 2021

Prospective Risk in Asylum Claims Must Be Considered Independently of Past Persecution Credibility: E v. The International Protection Appeals Tribunal & Ors ([2021] IEHC 220) Introduction The case of...

Gibbons v. N6 Construction Ltd: High Court Affirms Striking Out Claims for Inordinate and Inexcusable Delay

Date: Mar 2, 2021

Gibbons v. N6 Construction Ltd: High Court Affirms Striking Out Claims for Inordinate and Inexcusable Delay Introduction Gibbons v. N6 (Construction) Ltd & Anor (Approved) [2021] IEHC 138 is a...

Allocation of Costs in Refused Interlocutory Injunctions: Insights from Construgomes v Dragados Ireland Ltd [2021] IEHC 139

Date: Mar 2, 2021

Allocation of Costs in Refused Interlocutory Injunctions: Insights from Construgomes v Dragados Ireland Ltd [2021] IEHC 139 Introduction The case of Construgomes & Carlos Gomes SA v. Dragados Ireland...

Substantial Change and Ademption: The O'Connell v. O'Connell & Anor Decision

Date: Feb 27, 2021

Substantial Change and Ademption: The O'Connell v. O'Connell & Anor Decision Introduction The case of O'Connell v. O'Connell & Anor ([2021] IEHC 127) was adjudicated in the High Court of Ireland on...