Ireland Case Commentaries

Judgment Commentary: Marriage of Convenience in Immigration Law – VS v. Minister for Justice [2021] IEHC 63

Date: Jan 29, 2021

Judgment Commentary: Marriage of Convenience in Immigration Law – VS v. Minister for Justice [2021] IEHC 63 Introduction The case of VS v. Minister for Justice ([2021] IEHC 63) adjudicated by the...

Loss of Retained Jurisdiction Due to Central Authority Delay: G [2021] IEHC 20

Date: Jan 29, 2021

Loss of Retained Jurisdiction Due to Central Authority Delay: G [2021] IEHC 20 Introduction The High Court of Ireland, in the case G (Child Abduction: Retained Jurisdiction Following Non-Return...

Granting Leave to Appeal on Planning Board’s Jurisdiction in Strategic Housing Development: Dublin City Council v. Spencer Place Development Company Ltd (No.2)

Date: Jan 29, 2021

Granting Leave to Appeal on Planning Board’s Jurisdiction in Strategic Housing Development: Dublin City Council v. Spencer Place Development Company Ltd (No.2) Introduction The case of Dublin City...

Avestus Capital Partners v. Stapleford Finance Ltd & Anor: Establishing Protocols for Claimant Substitution

Date: Jan 29, 2021

Avestus Capital Partners v. Stapleford Finance Ltd & Anor: Establishing Protocols for Claimant Substitution Introduction Case: Avestus Capital Partners v. Stapleford Finance Ltd & Anor (Approved)...

High Court of Ireland Establishes Rigorous Standards for Planning Permission Compliance

Date: Jan 29, 2021

High Court of Ireland Establishes Rigorous Standards for Planning Permission Compliance Introduction The case of O'Neill v. An Bord Pleanála (Approved) ([2021] IEHC 58) adjudicated by the High Court...

Flexibility in Intercountry Adoption: The Child and Family Agency v. The Adoption Authority of Ireland (2021)

Date: Jan 28, 2021

Flexibility in Intercountry Adoption: The Child and Family Agency v. The Adoption Authority of Ireland (2021) – A Comprehensive Analysis Introduction The case The Child and Family Agency & Ors v. The...

Upholding the European Arrest Warrant Framework Post-Brexit: High Court Reinforces Presumption of Compliance

Date: Jan 28, 2021

Upholding the European Arrest Warrant Framework Post-Brexit: High Court Reinforces Presumption of Compliance Introduction The case of Minister for Justice and Equality v. Fitton (Approved) ([2021]...

Reaffirming High Threshold for Prohibition of Criminal Trials: BK v. DPP [2021] IEHC 48

Date: Jan 27, 2021

Reaffirming the High Threshold for Prohibition of Criminal Trials: BK v. DPP [2021] IEHC 48 Introduction BK v. The Director of Public Prosecutions (2021) IEHC 48 is a pivotal case adjudicated by the...

High Court Establishes Correct Methodology for Calculating Net Annual Value in Wind Farm Valuations

Date: Jan 27, 2021

High Court Establishes Correct Methodology for Calculating Net Annual Value in Wind Farm Valuations Introduction The case of Commissioner of Valuation v. Hibernian Wind Power Limited (Approved)...

Enforcement of Adjudication Awards under the Construction Contracts Act 2013: Gravity Construction Limited v. Total Highway Maintenance Limited

Date: Jan 27, 2021

Enforcement of Adjudication Awards under the Construction Contracts Act 2013: Gravity Construction Limited v. Total Highway Maintenance Limited Introduction The case of Gravity Construction Limited...

Security for Costs and Prima Facie Evidence in Insolvent Corporations: Delta Index Limited v. Ayondo Markets Limited [2021] IEHC 52

Date: Jan 27, 2021

Security for Costs and Prima Facie Evidence in Insolvent Corporations: Delta Index Limited v. Ayondo Markets Limited [2021] IEHC 52 Introduction The case of Delta Index Limited v. Ayondo Markets...

O'Regan & Anor v. Lotty & Ors: High Court Dismisses Deceit Claims Due to Inordinate Delay, Permits Negligent Misrepresentation

Date: Jan 26, 2021

O'Regan & Anor v. Lotty & Ors: High Court Dismisses Deceit Claims Due to Inordinate Delay, Permits Negligent Misrepresentation Introduction The case of O'Regan & Anor v. Lotty & Ors ([2021] IEHC 45)...

High Court Upholds Separation of Powers by Refusing Mandatory Injunction in ICC v Minister for Health

Date: Jan 26, 2021

Separation of Powers and Injunctive Relief: The High Court Refuses Mandatory Injunction in ICC v. Minister for Health Introduction The case of The Irish Coursing Club v. The Minister for Health &...

ZM v. The Minister for Justice & Anor [2021] IEHC 62: Establishing the "Truly Materially Different" Threshold for Revocation of Deportation Orders under Section 3(11) of the Immigration Act 1999

Date: Jan 26, 2021

ZM v. The Minister for Justice & Anor [2021] IEHC 62 Establishing the "Truly Materially Different" Threshold for Revocation of Deportation Orders under Section 3(11) of the Immigration Act 1999...

Raheenleagh Power DAC Recognized as Public Authority under the European Access to Environmental Information Directive

Date: Jan 26, 2021

Raheenleagh Power DAC Recognized as Public Authority under the European Access to Environmental Information Directive Introduction The case of Right to Know CLG v. Commissioner for Environmental...

Establishing Correct Standards and Obligations in Asylum Assessments: Insights from S.S. v. The International Appeals Tribunal [2021] IEHC 43

Date: Jan 23, 2021

Establishing Correct Standards and Obligations in Asylum Assessments: Insights from S.S. v. The International Appeals Tribunal & Anor [2021] IEHC 43 Introduction S.S. v. The International Appeals...

Establishing the Best Interests of the Child: Supreme Court's Ruling in In the Matter of JJ (Unapproved) [2021] IESC 1

Date: Jan 23, 2021

Establishing the Best Interests of the Child: Supreme Court's Ruling in In the Matter of JJ (Unapproved) [2021] IESC 1 Introduction The Supreme Court of Ireland, in the landmark case In the Matter of...

Reaffirming Inherent Jurisdiction to Dismiss Cases for Inordinate and Inexcusable Delay: O'Brien v. The Minister for Justice & Ors [2021] IEHC 44

Date: Jan 23, 2021

Reaffirming Inherent Jurisdiction to Dismiss Cases for Inordinate and Inexcusable Delay: O'Brien v. The Minister for Justice & Ors [2021] IEHC 44 Introduction O'Brien v. The Minister for Justice &...

Striking Out Proceedings Due to Inordinate Delay and Plaintiff's Impecuniosity in Dempsey v. Foran & Ors ([2021] IEHC 39)

Date: Jan 23, 2021

Striking Out Proceedings Due to Inordinate Delay and Plaintiff's Impecuniosity in Dempsey v. Foran & Ors ([2021] IEHC 39) Introduction Dempsey v. Foran & Ors is a significant judgment delivered by...

Balancing Parens Patriae and Parental Rights: Insights from In the matter of JJ (Unapproved) [2021] IESC 1_2

Date: Jan 23, 2021

Balancing Parens Patriae and Parental Rights: Insights from In the matter of JJ (Unapproved) [2021] IESC 1_2 Introduction The Supreme Court of Ireland, in the landmark case In the matter of JJ...