Ireland Case Commentaries

Consent Judgment Fixes the Bankruptcy Summons Debt: Pre‑Judgment Offsets Cannot Be Re-litigated; Courts Act Interest Prevents “Overstatement”

Date: Feb 27, 2026

Consent Judgment Fixes the Bankruptcy Summons Debt: Pre‑Judgment Offsets Cannot Be Re-litigated; Courts Act Interest Prevents “Overstatement” 1. Introduction Re: Phelan [A Bankrupt] (Approved) [2026]...

Pisarski v Kepak Cork Unlimited Company: Deliberate Non-Service by a Plaintiff’s Solicitor Is Not a “Special Circumstance” Justifying Renewal of a Personal Injury Summons

Date: Feb 27, 2026

Pisarski v Kepak Cork Unlimited Company: Deliberate Non-Service by a Plaintiff’s Solicitor Is Not a “Special Circumstance” Justifying Renewal of a Personal Injury Summons 1. Introduction In Pisarski...

Summary Judgment Granted but Execution Stayed Where Plaintiff in Liquidation and Potential Set-Off/Estoppel Could Otherwise Become Irrecoverable

Date: Feb 27, 2026

Summary Judgment Granted but Execution Stayed Where Plaintiff in Liquidation and Potential Set-Off/Estoppel Could Otherwise Become Irrecoverable 1. Introduction JACC Sports Distributors Ltd (In...

CM v AV [2026] IEHC 111 — Costs of a Moot Enduring Power of Attorney Registration: Attorney’s Reasonable Costs Payable from the Deceased Donor’s Estate

Date: Feb 27, 2026

CM v AV [2026] IEHC 111 — Costs of a Moot Enduring Power of Attorney Registration: Attorney’s Reasonable Costs Payable from the Deceased Donor’s Estate 1. Introduction This decision of the High Court...

Employer Liability Limited to Reasonably Foreseeable Risks: Ordinary Stair-Vacuuming Interruptions Not an Unsafe System of Work

Date: Feb 27, 2026

Employer Liability Limited to Reasonably Foreseeable Risks: Ordinary Stair-Vacuuming Interruptions Not an Unsafe System of Work 1) Introduction Walsh v Juniper Orthodontics Limited (Approved) [2026]...

Gaffney and Anor v Gaffney and Anor [2026] IEHC 148 — Finality of Litigation: Res Judicata/Henderson Bars Collateral Attacks and Confirms Judgment Mortgages Stand Independent of Lis Pendens

Date: Feb 27, 2026

Finality of Litigation: Res Judicata/Henderson Bars Collateral Attacks and Confirms Judgment Mortgages Stand Independent of Lis Pendens 1. Introduction Gaffney and Anor v Gaffney and Anor (Approved)...

EMPA 2011 Costs Protection: A Wastewater Connection Agreement Can “Cause” Environmental Damage Even If Discharge Requires a Separate Licence

Date: Feb 27, 2026

EMPA 2011 Costs Protection: A Wastewater Connection Agreement Can “Cause” Environmental Damage Even If Discharge Requires a Separate Licence 1) Introduction Friends of the Irish Environment Company...

Strike-Out Where Charitable Trust Over Parish Land Is a “Mere Assertion”: Intention Must Be Credibly Evidenced

Date: Feb 27, 2026

Strike-Out Where Charitable Trust Over Parish Land Is a “Mere Assertion”: Intention Must Be Credibly Evidenced 1. Introduction St Brigid's RFC Company Ltd by Guarantee v St Laurence O'Toole Diocesan...

No Order as to Costs After Delay Strike-Out in Child-Welfare/Constitutional Litigation: Discretion Under s.169 LSRA 2015

Date: Feb 26, 2026

No Order as to Costs After Delay Strike-Out in Child-Welfare/Constitutional Litigation: Discretion Under s.169 LSRA 2015 1) Introduction D.O’H v Tusla/The Child and Family Agency [No. 2] (Approved)...

Protective Costs “Shield” for Guardians ad Litem as Legitimus Contradictor in Child-Care Judicial Review (LSRA 2015, s.168)

Date: Feb 26, 2026

Protective Costs “Shield” for Guardians ad Litem as Legitimus Contradictor in Child-Care Judicial Review (LSRA 2015, s.168) 1) Introduction Child and Family Agency v Guardian Ad Litem and Anor...

Temporary “Review” Permissions Count as Lawful Residence for the Long-Term Undocumented Regularisation Scheme, Even Where an EU Residence Card Is Revoked ab initio

Date: Feb 26, 2026

Temporary “Review” Permissions Count as Lawful Residence for the Long-Term Undocumented Regularisation Scheme, Even Where an EU Residence Card Is Revoked ab initio 1. Introduction F.A.Y. (Nigeria)...

Casey v Skehan and Ors [2026] IEHC 142 — Delay Strike-Out: Under Two Years’ Inactivity Requires O’Domhnaill-Level Prejudice, Not Mere Assertion (Even Where the Clinician Has Died)

Date: Feb 26, 2026

Delay Strike-Out in Medical Negligence: Where Inactivity Is Under Two Years, Dismissal Requires Abuse of Process or O’Domhnaill v. Merrick-Level Prejudice—Death of the Clinician Alone Is Insufficient...

International Protection Interviews: Mandatory Consideration and Recorded Response to Post-Interview Fair-Procedure Complaints

Date: Feb 26, 2026

International Protection Interviews: Mandatory Consideration and Recorded Response to Post-Interview Fair-Procedure Complaints 1) Introduction This judicial review in N. and Anor v An International...

Autonomy First on Wardship Discharge: “Benefit” Is Not “Necessity” for Co-Decision-Making under the 2015 Act

Date: Feb 24, 2026

Autonomy First on Wardship Discharge: “Benefit” Is Not “Necessity” for Co-Decision-Making under the 2015 Act 1. Introduction This ex tempore ruling in In the Matter of P, a Ward of Court, and in the...

Section 45 EAW Act: “Final and Absolute” Convictions Do Not Bar Surrender Where an Unconditional Post‑Surrender Retrial Right Exists and Absence Was Deliberate

Date: Feb 21, 2026

Section 45 EAW Act: “Final and Absolute” Convictions Do Not Bar Surrender Where an Unconditional Post‑Surrender Retrial Right Exists and Absence Was Deliberate 1) Introduction Minister For Justice v...

Mootness in Disciplinary Appeal Panel Litigation: Proceedings Struck Out Where Resignations and Undertakings Deliver the Core Relief

Date: Feb 21, 2026

Mootness in Disciplinary Appeal Panel Litigation: Proceedings Struck Out Where Resignations and Undertakings Deliver the Core Relief 1) Introduction In Burke v O'Longain and Ors [2026] IEHC 126, the...

Section 60(3)(a)(iv) DPA 2018 upheld as an Article 23 GDPR-compliant litigation restriction, and confidentiality recognised under Article 15(4)

Date: Feb 21, 2026

Section 60(3)(a)(iv) DPA 2018 upheld as an Article 23 GDPR-compliant litigation restriction, and confidentiality recognised under Article 15(4) Case: O'Brien v The Data Protection Commission and Ors...

Blameworthy Post-Complaint Delay Breaches the Right to Expedition but Will Not Prohibit Trial Absent Specific, Incurable Prejudice or Wholly Exceptional Circumstances

Date: Feb 20, 2026

Blameworthy Post-Complaint Delay Breaches the Right to Expedition but Will Not Prohibit Trial Absent Specific, Incurable Prejudice or Wholly Exceptional Circumstances 1. Introduction M. v The...

Force Majeure Not a Defence to Francovich Damages for Denial of EU Reception Conditions (and Damages Are Compensatory, Not Punitive)

Date: Feb 20, 2026

Force Majeure Not a Defence to Francovich Damages for Denial of EU Reception Conditions (and Damages Are Compensatory, Not Punitive) Court: High Court of Ireland (Judicial Review) | Citation: [2026]...

Section 160 / Section 57 Enforcement Proceedings Are Confined to Injunctive Planning/Waste Remedies: EU-Law Declarations, Damages and Article 267 References Are Not Maintainable Against a Private Respondent

Date: Feb 20, 2026

Section 160 / Section 57 Enforcement Proceedings Are Confined to Injunctive Planning/Waste Remedies: EU-Law Declarations, Damages and Article 267 References Are Not Maintainable Against a Private...