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  • Commentaries

Ireland Case Commentaries

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Date: May 23, 2025
Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289 1. Introduction In the High Court judgment of Howley v S & Ors ([2025] IEHC 289), Mr...
The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

Date: May 23, 2025
The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces Introduction Doran v Residential Tenancies Board [2025] IEHC 290 is a High Court decision delivered by...
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Date: May 22, 2025
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle Introduction In MA v RE ([2025] IEHC 341), Ms. Justice Nuala Jackson was asked, at an...
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Date: May 22, 2025
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings Introduction Minister for Justice and Equality v Puk ([2025] IEHC 295) concerned...
Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Date: May 21, 2025
Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders Introduction In Boulbet v SumUp Ltd ([2025] IEHC 285), Mr. Justice Nolan of the High Court of Ireland...
Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Date: May 21, 2025
Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria) Introduction Kehoe v Promontoria (Aran) Ltd & Anor [2025] IEHC 286 is a...
Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act

Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act

Date: May 20, 2025
Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act Introduction This commentary examines the High Court judgment in Protect East Meath Ltd...
Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening

Date: May 20, 2025
Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening Introduction The High Court’s decision in Concerned Residents of Coolkill, Sandyford...
“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation

“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation

Date: May 17, 2025
“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation Introduction The decision of Ms Justice Nuala Jackson in CP v RP ([2025] IEHC 332) will...
Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention

Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention

Date: May 17, 2025
Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention Introduction J.G. v M.P. ([2025] IEHC 282) is a High Court family law decision addressing a return-of-child...
Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges

Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges

Date: May 17, 2025
Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges Introduction Ballyboden Tidy Towns Group v An Bord Pleanála & Ors [No. 2] [2025] IEHC 277 is a High...
Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality

Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality

Date: May 17, 2025
Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality Introduction In Mars Capital Finance Ireland DAC v O’Halloran & Anor [2025] IEHC 307, the High Court...
Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined

Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined

Date: May 17, 2025
Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined Introduction This commentary examines the High Court’s decision in...
Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005

Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005

Date: May 16, 2025
Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005 Introduction C.D. (a minor) sued the Health Service Executive (HSE) and the Minister for Education in the High Court...
Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Date: May 16, 2025
Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284) Introduction The High Court of Ireland’s decision in Logan v Wilson & Anor ([2025] IEHC...
Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Date: May 16, 2025
Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005 Introduction Mulligan...
DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

Date: May 16, 2025
DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards Introduction DF v CK ([2025] IEHC 343) is a landmark decision of the High Court of...
Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Date: May 16, 2025
Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications Introduction SK Fishing Limited v Companies Act (Approved) [2025] IEHC 235 is a High Court decision...
Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Date: May 15, 2025
Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe Introduction The High Court judgment in Martin v O’Keeffe & Anor ([2025] IEHC 272) addresses the...
Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Date: May 15, 2025
Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd Introduction This commentary examines the High Court of Ireland’s decision in Duffy v MSCL...
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