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  • Commentaries

Ireland Case Commentaries

Strict Adherence to Implied Undertakings in Civil Discovery: Waterford Credit Union v. J & E Davy [2020] IESC 9

Strict Adherence to Implied Undertakings in Civil Discovery: Waterford Credit Union v. J & E Davy [2020] IESC 9

Date: Mar 25, 2020
Strict Adherence to Implied Undertakings in Civil Discovery: Waterford Credit Union v. J & E Davy [2020] IESC 9 Introduction The case of Waterford Credit Union v. J & E Davy ([2020] IESC 9) before...
Supreme Court Clarifies 'Review' Decisions Under the International Protection Act 2015 and Their Implications on the Illegal Immigrants (Trafficking) Act 2000

Supreme Court Clarifies 'Review' Decisions Under the International Protection Act 2015 and Their Implications on the Illegal Immigrants (Trafficking) Act 2000

Date: Mar 24, 2020
Supreme Court Clarifies 'Review' Decisions Under the International Protection Act 2015 and Their Implications on the Illegal Immigrants (Trafficking) Act 2000 Introduction In the landmark case A.W.K....
Affirmation of Circuit Court's Authority in Possession Proceedings for Pre-2009 Mortgages under the Land and Conveyancing Law Reform Act 2013

Affirmation of Circuit Court's Authority in Possession Proceedings for Pre-2009 Mortgages under the Land and Conveyancing Law Reform Act 2013

Date: Mar 24, 2020
Affirmation of Circuit Court's Authority in Possession Proceedings for Pre-2009 Mortgages under the Land and Conveyancing Law Reform Act 2013 Introduction The case of Start Mortgages DAC v. McNair &...
Gordon v. The Irish Racehorse Trainers Association: Establishing the Boundaries of Malice in Defamation Law

Gordon v. The Irish Racehorse Trainers Association: Establishing the Boundaries of Malice in Defamation Law

Date: Mar 21, 2020
Gordon v. The Irish Racehorse Trainers Association: Establishing the Boundaries of Malice in Defamation Law Introduction Gordon v. The Irish Racehorse Trainers Association (Approved) ([2020] IEHC...
Reaffirming the Dunne Test and Defining Primary Non-Delegable Duties in Clinical Negligence: Morrissey v. Health Service Executive & Ors ([2020] IESC 6)

Reaffirming the Dunne Test and Defining Primary Non-Delegable Duties in Clinical Negligence: Morrissey v. Health Service Executive & Ors ([2020] IESC 6)

Date: Mar 20, 2020
Reaffirming the Dunne Test and Defining Primary Non-Delegable Duties in Clinical Negligence Morrissey v. Health Service Executive & Ors ([2020] IESC 6) Introduction Morrissey & anor v. Health Service...
Morrissey & anor v Health Service Executive & ors (Approved) [2020] IESC 6: Establishing Non-Delegable Duty in Medical Screening

Morrissey & anor v Health Service Executive & ors (Approved) [2020] IESC 6: Establishing Non-Delegable Duty in Medical Screening

Date: Mar 20, 2020
Morrissey & anor v Health Service Executive & ors (Approved) [2020] IESC 6: Establishing Non-Delegable Duty in Medical Screening Introduction The case of Morrissey & anor v Health Service Executive &...
Diesel SPA v. Controller of Patents, Designs & Trade Marks: Supreme Court Upholds Appeal Cost Order

Diesel SPA v. Controller of Patents, Designs & Trade Marks: Supreme Court Upholds Appeal Cost Order

Date: Mar 20, 2020
Diesel SPA v. Controller of Patents, Designs & Trade Marks: Supreme Court Upholds Appeal Cost Order Introduction The case of Diesel SPA v. Controller of Patents, Designs & Trade Marks, adjudicated by...
Abuse of Process in Article 40.4.2 Applications: Ryan v. Governor of Mountjoy Prison [2020] IESC 8

Abuse of Process in Article 40.4.2 Applications: Ryan v. Governor of Mountjoy Prison [2020] IESC 8

Date: Mar 20, 2020
Abuse of Process in Article 40.4.2 Applications: Ryan v. Governor of Mountjoy Prison [2020] IESC 8 Introduction Ryan v. The Governor of Mountjoy Prison ([2020] IESC 8) is a landmark case adjudicated...
Limitations on High Court Interventions in Landlord-Tenant Disputes: Insights from K.W. Investment Funds ICAV v. Lorgan Leisure Ltd [2020] IEHC 132

Limitations on High Court Interventions in Landlord-Tenant Disputes: Insights from K.W. Investment Funds ICAV v. Lorgan Leisure Ltd [2020] IEHC 132

Date: Mar 14, 2020
Limitations on High Court Interventions in Landlord-Tenant Disputes: Insights from K.W. Investment Funds ICAV v. Lorgan Leisure Ltd [2020] IEHC 132 Introduction The case of K.W. Investment Funds ICAV...
Invalid Application Procedures Established in Behan v. An Bord Pleanála [2020] IEHC 133

Invalid Application Procedures Established in Behan v. An Bord Pleanála [2020] IEHC 133

Date: Mar 13, 2020
Invalid Application Procedures Established in Behan v. An Bord Pleanála [2020] IEHC 133 Introduction In the landmark case of Behan v. An Bord Pleanála ([2020] IEHC 133), the High Court of Ireland...
Nwachukwu v. Minister for Justice and Equality: Establishing Rigorous Scrutiny on Marriages of Convenience under EU Immigration Law

Nwachukwu v. Minister for Justice and Equality: Establishing Rigorous Scrutiny on Marriages of Convenience under EU Immigration Law

Date: Mar 13, 2020
Nwachukwu v. Minister for Justice and Equality: Establishing Rigorous Scrutiny on Marriages of Convenience under EU Immigration Law Introduction Nwachukwu v. Minister for Justice and Equality ([2020]...
Mandatory Timeframe for Processing Social Housing Applications Affirmed: H & Anor v South Dublin County Council

Mandatory Timeframe for Processing Social Housing Applications Affirmed: H & Anor v South Dublin County Council

Date: Mar 13, 2020
Mandatory Timeframe for Processing Social Housing Applications Affirmed: H & Anor v South Dublin County Council Introduction The case of H & Anor v. South Dublin County Council ([2020] IEHC 250)...
Reaffirming the "Eggshell Skull" Principle in Chronic Pain Compensation: O'Sullivan v. Brozda & ors ([2020] IEHC 129)

Reaffirming the "Eggshell Skull" Principle in Chronic Pain Compensation: O'Sullivan v. Brozda & ors ([2020] IEHC 129)

Date: Mar 13, 2020
Reaffirming the "Eggshell Skull" Principle in Chronic Pain Compensation: O'Sullivan v. Brozda & ors ([2020] IEHC 129) Introduction The case of O'Sullivan v. Brozda & ors ([2020] IEHC 129) adjudicated...
Sufficiency of Particulars in Summary Judgment: The Governor and Company of Bank of Ireland v. Ward [2020] IEHC 249

Sufficiency of Particulars in Summary Judgment: The Governor and Company of Bank of Ireland v. Ward [2020] IEHC 249

Date: Mar 12, 2020
Sufficiency of Particulars in Summary Judgment: The Governor and Company of Bank of Ireland v. Ward [2020] IEHC 249 Introduction The case of The Governor and Company of Bank of Ireland v. Ward...
Redmond v. An Bord Pleanála: Interpretation of Institutional Lands Designation

Redmond v. An Bord Pleanála: Interpretation of Institutional Lands Designation

Date: Mar 11, 2020
Redmond v. An Bord Pleanála: Interpretation of Institutional Lands Designation Introduction Redmond v. An Bord Pleanála ([2020] IEHC 151) is a significant judicial review case heard by the High Court...
Establishing Jurisdictional Boundaries between Judicial Review and An Bord Pleanála: Insights from Mount Juliet Estates v. Kilkenny County Council

Establishing Jurisdictional Boundaries between Judicial Review and An Bord Pleanála: Insights from Mount Juliet Estates v. Kilkenny County Council

Date: Mar 11, 2020
Establishing Jurisdictional Boundaries between Judicial Review and An Bord Pleanála: Insights from Mount Juliet Estates v. Kilkenny County Council Introduction The case of Mount Juliet Estates...
Establishing the Burden of Proof at Immigration Borders: Fernandes v. The Minister for Justice and Equality

Establishing the Burden of Proof at Immigration Borders: Fernandes v. The Minister for Justice and Equality

Date: Mar 10, 2020
Establishing the Burden of Proof at Immigration Borders: Fernandes v. The Minister for Justice and Equality ([2020] IEHC 171) Introduction Fernandes v. The Minister for Justice and Equality is a...
Waiver of Secured Creditor Status in Personal Insolvency Arrangements: Insights from Personal Insolvency Acts 2012-2015 v. Hyde

Waiver of Secured Creditor Status in Personal Insolvency Arrangements: Insights from Personal Insolvency Acts 2012-2015 v. Hyde

Date: Mar 10, 2020
Waiver of Secured Creditor Status in Personal Insolvency Arrangements: Insights from Personal Insolvency Acts 2012-2015 v. Hyde Introduction The case of Personal Insolvency Acts 2012-2015 v. Hyde...
High Court Reinforces Standards for Professional Negligence Claims: Thomas Loomes v. Rippington [2020] IEHC 237

High Court Reinforces Standards for Professional Negligence Claims: Thomas Loomes v. Rippington [2020] IEHC 237

Date: Mar 7, 2020
High Court Reinforces Standards for Professional Negligence Claims: Thomas Loomes v. Rippington [2020] IEHC 237 Introduction The case of Thomas Loomes Practising as Thomas Loomes & Company Solicitors...
Sheridan v. Allied Irish Banks PLC: Establishing the Frivolous and Vexatious Nature of Misguided Claims

Sheridan v. Allied Irish Banks PLC: Establishing the Frivolous and Vexatious Nature of Misguided Claims

Date: Mar 7, 2020
Sheridan v. Allied Irish Banks PLC: Establishing the Frivolous and Vexatious Nature of Misguided Claims Introduction Sheridan v. Allied Irish Banks PLC ([2020] IEHC 141) is a notable case adjudicated...
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