Ireland Case Commentaries

High Court Upholds Strict Time Limits for Disciplinary Appeals: Murphy v. Law Society of Ireland

Date: Feb 11, 2021

High Court Upholds Strict Time Limits for Disciplinary Appeals: Murphy v. Law Society of Ireland 1. Introduction In the case of Murphy v. Law Society of Ireland ([2021] IEHC 148), the High Court of...

Fraudulent Paternity Claims in Immigration Proceedings: B.S (India) & Ors v. The Minister for Justice and Equality & Ors [2021] IEHC 76

Date: Feb 11, 2021

Fraudulent Paternity Claims in Immigration Proceedings: B.S (India) & Ors v. The Minister for Justice and Equality & Ors [2021] IEHC 76 Introduction The case of B.S (India) & Ors v. The Minister for...

Strict Interpretation of Rural Housing Guidelines Reinforced in C. O'C v. An Bord Pleanála

Date: Feb 11, 2021

Strict Interpretation of Rural Housing Guidelines Reinforced in C. O'C v. An Bord Pleanála Introduction Case: C. O'C v. An Bord Pleanála ([2021] IEHC 70) Court: High Court of Ireland Date: February...

Damache v. Minister for Justice: Establishing Procedural Safeguards in Revocation of Naturalisation

Date: Feb 11, 2021

Damache v. Minister for Justice: Establishing Procedural Safeguards in Revocation of Naturalisation Introduction Damache v. Minister for Justice ([2021] IESC 6) is a landmark judgment by the Supreme...

Comprehensive Commentary on Minister for Justice and Equality v. Brissett: Upholding the European Arrest Warrant Framework Post-Brexit

Date: Feb 11, 2021

Upholding the European Arrest Warrant Framework Post-Brexit: Insights from Minister for Justice and Equality v. Brissett [2021] IEHC 95 Introduction The case of Minister for Justice and Equality v....

Amendment of Charge Sheets in Judicial Proceedings: Insights from Rostas v. The Director of Public Prosecutions

Date: Feb 10, 2021

Amendment of Charge Sheets in Judicial Proceedings: Insights from Rostas v. The Director of Public Prosecutions ([2021] IEHC 60) Introduction The case of Rostas v. The Director of Public Prosecutions...

Prime GP2 Limited v. Technological University Dublin: Clarifying Fee Simple Acquisition and Appeal Argument Admissibility under the Landlord and Tenant (Ground Rents) Act

Date: Feb 10, 2021

Prime GP2 Limited v. Technological University Dublin: Clarifying Fee Simple Acquisition and Appeal Argument Admissibility under the Landlord and Tenant (Ground Rents) Act Introduction In Prime GP2...

Limits of Humanitarian Considerations in Immigration Decisions: KAS v. Minister for Justice and Equality (High Court of Ireland, 2021)

Date: Feb 10, 2021

Limits of Humanitarian Considerations in Immigration Decisions: KAS v. Minister for Justice and Equality (High Court of Ireland, 2021) Introduction KAS v. The Minister for Justice and Equality...

No Real Risk of Inhuman Treatment: High Court Surrenders Respondent under European Arrest Warrant

Date: Feb 9, 2021

No Real Risk of Inhuman Treatment: High Court Surrenders Respondent under European Arrest Warrant Introduction In the case of Minister for Justice and Equality v. Markauskas [2021] IEHC 90, the High...

Establishing the Legality and Fairness of Remote Hearings in High Court Civil Proceedings: IBRC Ltd v Browne [2021] IEHC 83

Date: Feb 9, 2021

Establishing the Legality and Fairness of Remote Hearings in High Court Civil Proceedings: IBRC Ltd v Browne [2021] IEHC 83 Introduction Irish Bank Resolution Corporation Ltd (In Special Liquidation)...

Establishing Compliance with the European Arrest Warrant Act 2003: Insights from Minister for Justice and Equality v. Shahzad

Date: Feb 9, 2021

Establishing Compliance with the European Arrest Warrant Act 2003: Insights from Minister for Justice and Equality v. Shahzad Introduction Minister for Justice and Equality v. Shahzad ([2021] IEHC...

Obligation to Properly Evaluate New Evidence and Provide Reasoning in Immigration Decisions: Y v. The Minister for Justice and Equality

Date: Feb 9, 2021

Obligation to Properly Evaluate New Evidence and Provide Reasoning in Immigration Decisions: Y v. The Minister for Justice and Equality Introduction Y v. The Minister for Justice and Equality...

Revenue Share Obligations Do Not Affect Net Annual Value of Toll Rights: Eurolink Motorway Operation Ltd v. Commissioner of Valuation (2021)

Date: Feb 9, 2021

Revenue Share Obligations Do Not Affect Net Annual Value of Toll Rights: Eurolink Motorway Operation Ltd v. Commissioner of Valuation (2021) Introduction In the landmark case of Eurolink Motorway...

High Court Establishes Balance Between Public Interest and Business Operations in Unauthorized Development Cases

Date: Feb 6, 2021

High Court Establishes Balance Between Public Interest and Business Operations in Unauthorized Development Cases Introduction The case of Ferry v. Calderbanks Trading As D&M Services & Anor...

Comprehensive Commentary on Hyper Trust Limited v. FBD Insurance PLC [2021] IEHC 78

Date: Feb 6, 2021

Interpretation of Business Interruption Insurance Policies in Pandemic Situations Introduction The case of Hyper Trust Limited trading as The Leopardstown Inn and other plaintiffs versus FBD...

Cremin v. Personal Insolvency Acts 2012-2015: Key Legal Principles and Implications

Date: Feb 6, 2021

Cremin v. Personal Insolvency Acts 2012-2015: Key Legal Principles and Implications Introduction Cremin v. Personal Insolvency Acts 2012-2015 (Approved) ([2021] IEHC 80) is a significant judgment...

RAAP v. PPI & Others: Enhancing Performers' Rights under EU Directive 2006/115/EC

Date: Feb 5, 2021

RAAP v. PPI & Others: Enhancing Performers' Rights under EU Directive 2006/115/EC Introduction In the landmark case Recorded Artists Actors Performers Limited v. Phonographic Performance (Ireland)...

Comprehensive Commentary on Minister for Justice and Equality v. Orlowski (Approved) [2021] IEHC 109

Date: Feb 5, 2021

Surrender Under European Arrest Warrants: Insights from Minister for Justice and Equality v. Orlowski [2021] IEHC 109 Introduction The case of Minister for Justice and Equality v. Orlowski ([2021]...

Egan v. Fenlon & ors: Reinforcing the Necessity of Formal Procedures in Discontinuing Defamation Actions

Date: Feb 5, 2021

Egan v. Fenlon & ors: Reinforcing the Necessity of Formal Procedures in Discontinuing Defamation Actions Introduction The case of Egan v. Fenlon & ors ([2021] IEHC 75) was adjudicated in the High...

Establishing the Rigorous Standards for Surrender Under the European Arrest Warrant: Insights from Minister for Justice and Equality v. Lyszkiewicz [2021] IEHC 108

Date: Feb 5, 2021

Establishing the Rigorous Standards for Surrender Under the European Arrest Warrant: Insights from Minister for Justice and Equality v. Lyszkiewicz [2021] IEHC 108 Introduction The case of Minister...