Ireland Case Commentaries

Emails Are Not Applications: Post‑Judgment Procedure, Limits of Leeway for Self‑Represented Litigants, and Perfection of Orders

Date: Feb 20, 2026

Emails Are Not Applications: Post‑Judgment Procedure, Limits of Leeway for Self‑Represented Litigants, and Perfection of Orders 1) Introduction Tuskar Property Holdings Ltd (In Liquidation) & Ors v...

Time-Limited Buy-Out of the Family Home (with Discount) as a “Proper Provision” Remedy under the Family Law (Divorce) Act 1996

Date: Feb 20, 2026

Time-Limited Buy-Out of the Family Home (with Discount) as a “Proper Provision” Remedy under the Family Law (Divorce) Act 1996 Introduction NM v CB (Approved) [2026] IEHC 119 is a High Court family...

Whiplash-Induced Post-Concussion and the Dominant-Injury “Uplift” Method under the Personal Injuries Guidelines

Date: Feb 19, 2026

Whiplash-Induced Post-Concussion and the Dominant-Injury “Uplift” Method under the Personal Injuries Guidelines 1) Introduction Sheehan v Beamish [2026] IEHC 87 is a High Court assessment-only...

Legislative Amendment Does Not Moot an Appeal Where the Source and Effect of the Underlying Legal Obligation Remain Live

Date: Feb 19, 2026

Legislative Amendment Does Not Moot an Appeal Where the Source and Effect of the Underlying Legal Obligation Remain Live 1) Introduction This Supreme Court judgment (Donnelly J.) concerns two linked...

Return Ordered Despite a Near-16 Child’s Objection: Discretion Prioritises Convention Policy and Immediate Stability

Date: Feb 19, 2026

Return Ordered Despite a Near-16 Child’s Objection: Discretion Prioritises Convention Policy and Immediate Stability Case F.G. v H.I.G (child abduction, habitual residency, grave risk, child's...

Stained-Glass “Windows” as Part of the Premises: Structural Accession, the Tenant’s Threshold Burden under Deasy’s Act, and the Limits of Fact-Finding

Date: Feb 19, 2026

Stained-Glass “Windows” as Part of the Premises: Structural Accession, the Tenant’s Threshold Burden under Deasy’s Act, and the Limits of Fact-Finding Case: RGRE Grafton Limited v Bewley's Cafe...

Legislative Change, Safe-Third-Country Designation, and Mootness: When Repeal/Replacement Removes the “Live Controversy” and s.27 Interpretation Act 2005 Does Not Preserve an Appeal

Date: Feb 19, 2026

Legislative Change, Safe-Third-Country Designation, and Mootness: When Repeal/Replacement Removes the “Live Controversy” and s.27 Interpretation Act 2005 Does Not Preserve an Appeal Case: E v The...

Renewal of Summons: Solicitor Inadvertence and File-Withholding Attributed to Plaintiff (Agency), Not “Special Circumstances”

Date: Feb 19, 2026

Renewal of Summons: Solicitor Inadvertence and File-Withholding Attributed to Plaintiff (Agency), Not “Special Circumstances” Case: Maguire v PSW Sales and Logistics and Ors (Approved) [2026] IEHC 81...

Class 33(c) “Laying Out and Use of Land” Encompasses Excavation for Sports Pitches; “No Charge for Admission” Targets Entry Fees (Not Hire/Use) and Limits “Urban Development” EIA Claims in Section 5 Declarations

Date: Feb 19, 2026

Class 33(c) “Laying Out and Use of Land” Encompasses Excavation for Sports Pitches; “No Charge for Admission” Targets Entry Fees (Not Hire/Use) and Limits “Urban Development” EIA Claims in Section 5...

Commercial Proprietary Estoppel in Leasing Negotiations: Clear Assurances, Context, and the Limits of Hay v. O'Grady Review

Date: Feb 19, 2026

Commercial Proprietary Estoppel in Leasing Negotiations: Clear Assurances, Context, and the Limits of Hay v. O'Grady Review 1) Introduction ACE Autobody Limited v Motorpark Limited, Brecol Limited...

“Subject to Lease” Means No Binding Lease Deal Until Execution: Limits on Part Performance, Commercial Proprietary Estoppel, and Appellate Re‑fact-finding

Date: Feb 19, 2026

“Subject to Lease” Means No Binding Lease Deal Until Execution: Limits on Part Performance, Commercial Proprietary Estoppel, and Appellate Re‑fact-finding 1) Introduction ACE Autobody Limited v...

Enhanced Reasons Duty: Specific, Policy-Responsive Reasons Required When An Coimisiún Pleanála Departs from its Inspector on Height and Parking

Date: Feb 18, 2026

Enhanced Reasons Duty: Specific, Policy-Responsive Reasons Required When An Coimisiún Pleanála Departs from its Inspector on Height and Parking Case Parosi Developments Ltd v An Coimisiun Pleanala...

Section 50B Costs Protection Does Not Extend to CPO Confirmation Where Development Consent Is Already Final and the CPO Is Not Itself “Development Consent”

Date: Feb 18, 2026

Section 50B Costs Protection Does Not Extend to CPO Confirmation Where Development Consent Is Already Final and the CPO Is Not Itself “Development Consent” 1. Introduction Joyce v An Coimisiún...

Credibility-Permeating Disputes Defeat Modular Trials; Whole-Life Damages Favoured Where Prognosis Is Firm

Date: Feb 18, 2026

Credibility-Permeating Disputes Defeat Modular Trials; Whole-Life Damages Favoured Where Prognosis Is Firm Case: McInerney [Minor] v Kildare County Council (Approved) Citation: [2026] IEHC 61 Court:...

Planning Applicants Must Proactively Address New Development Plan Objectives: s.137 Fair Procedures Relief Turns on Practical Opportunity and Prejudice

Date: Feb 18, 2026

Planning Applicants Must Proactively Address New Development Plan Objectives: s.137 Fair Procedures Relief Turns on Practical Opportunity and Prejudice Case: Garryduff Properties Ltd v An Coimisiun...

Costs in Moot Judicial Review: Ordinary-Course Statutory Action Is Not a “Unilateral Act” Attracting Costs

Date: Feb 18, 2026

Costs in Moot Judicial Review: Ordinary-Course Statutory Action Is Not a “Unilateral Act” Attracting Costs Case: SM and Anor v Dublin City Council (Approved) [2026] IEHC 73 Court: High Court...

Discovery Must Track the Pleadings: No Discovery to Investigate Unpleaded Causes of Action (Neligan v Infrared Infrastructure VI Europe Ltd)

Date: Feb 18, 2026

Discovery Must Track the Pleadings: No Discovery to Investigate Unpleaded Causes of Action 1. Introduction Neligan and Ors v Infrared Infrastructure VI Europe Ltd and Anor [2026] IEHC 83 is a High...

Contextual Interpretation of Ex Tempore Circuit Court Rulings: No Quashing Where an Error on Admissibility Did Not Affect the Outcome

Date: Feb 18, 2026

Contextual Interpretation of Ex Tempore Circuit Court Rulings: No Quashing Where an Error on Admissibility Did Not Affect the Outcome 1) Introduction Conway v Director Of Public Prosecutions...

GDPR Cannot Be Weaponised to Derail Conveyancing: Solicitors’ Routine Processing is Lawful Under Article 6 and Collateral Attacks Are Strike-Out Abuses

Date: Feb 18, 2026

GDPR Cannot Be Weaponised to Derail Conveyancing: Solicitors’ Routine Processing is Lawful Under Article 6 and Collateral Attacks Are Strike-Out Abuses 1. Introduction Burns v John J. Quinn and Co....

Assignee Substitution on De Novo Circuit Appeals: Current Entitlement Must Be Proved; Substitution (Not Joinder) Is the Default Absent a Non‑Assignable Counterclaim

Date: Feb 18, 2026

Assignee Substitution on De Novo Circuit Appeals: Current Entitlement Must Be Proved; Substitution (Not Joinder) Is the Default Absent a Non‑Assignable Counterclaim Case: Bank Of Ireland Mortgage...