Ireland Case Commentaries

Long v. Director of Public Prosecutions [2020] IEHC 631: Establishing Appeal as the Primary Remedy for Challenging Guilty Plea Withdrawals

Date: Dec 9, 2020

Long v. Director of Public Prosecutions [2020] IEHC 631: Establishing Appeal as the Primary Remedy for Challenging Guilty Plea Withdrawals Introduction In the case of Long v. Director of Public...

Reaffirmation of Dublin III Regulations Amid Brexit: High Court Decision in AHS v. The International Protection Appeals Tribunal & ors [2020] IEHC 647

Date: Dec 9, 2020

Reaffirmation of Dublin III Regulations Amid Brexit: High Court Decision in AHS v. The International Protection Appeals Tribunal & ors [2020] IEHC 647 Introduction The case of AHS v. The...

S.M. v. The Governor of Cloverhill Prison: Defining the Threshold for Unlawful Detention Due to Inadequate Medical Treatment

Date: Dec 8, 2020

S.M. v. The Governor of Cloverhill Prison: Defining the Threshold for Unlawful Detention Due to Inadequate Medical Treatment Introduction The High Court of Ireland delivered a pivotal judgment on...

High Court Establishes Strict Standards for Material Errors of Fact in Judicial Review: Baile Eamoinn Teoranta v. An Bord Pleanála

Date: Dec 5, 2020

High Court Establishes Strict Standards for Material Errors of Fact in Judicial Review: Baile Eamoinn Teoranta v. An Bord Pleanála Introduction The case of Baile Eamoinn Teoranta v. An Bord Pleanála...

Affirmation of EU Directive Compliance in Pre-1964 Quarry Operations: Liscannor Stone Ltd v. Clare County Council & ors

Date: Dec 5, 2020

Affirmation of EU Directive Compliance in Pre-1964 Quarry Operations: Liscannor Stone Ltd v. Clare County Council & ors Introduction The case of Liscannor Stone Ltd v. Clare County Council & ors...

Exceptional Circumstances and Security for Costs: ER Travel Ltd v. DAA PLC

Date: Dec 5, 2020

Exceptional Circumstances and Security for Costs: ER Travel Ltd v. DAA PLC Introduction ER Travel Ltd v. Dublin Airport Authority aka DAA PLC (Approved) [2020] IEHC 629 is a pivotal case decided by...

Jurisdiction of Panel Members under Dublin III Regulations: Insights from LK v. The International Protection Appeals Tribunal [2020] IEHC 626

Date: Dec 5, 2020

Jurisdiction of Panel Members under Dublin III Regulations: Insights from LK v. The International Protection Appeals Tribunal [2020] IEHC 626 Introduction The case of LK v. The International...

Judicial Review in Ongoing Criminal Proceedings: High Court's Limited Role Affirmed in K v. Director of Public Prosecutions

Date: Dec 5, 2020

Judicial Review in Ongoing Criminal Proceedings: High Court's Limited Role Affirmed in K v. Director of Public Prosecutions Introduction The case of K v. Director of Public Prosecutions (Approved)...

High Court Validates ABP's Grant of Substitute Consent in Quarry Development: Moore v. An Bord Pleanala & Ors [2020] IEHC 652

Date: Dec 5, 2020

High Court Validates ABP's Grant of Substitute Consent in Quarry Development Introduction The case of Moore v. An Bord Pleanala & Ors (Approved) [2020] IEHC 652 heard by the High Court of Ireland on...

Price v. Residential Tenancies Board: No Duty to Mitigate Under Section 37(4) of the Residential Tenancies Act 2004

Date: Dec 4, 2020

Price v. Residential Tenancies Board: No Duty to Mitigate Under Section 37(4) of the Residential Tenancies Act 2004 Introduction Price v. The Residential Tenancies Board (Approved) ([2020] IEHC 712)...

Judicial Review Boundaries in Prosecution Decisions: Insights from Carroll v. Judge of the District Court & Ors [2020] IEHC 715

Date: Dec 4, 2020

Judicial Review Boundaries in Prosecution Decisions: Insights from Carroll v. Judge of the District Court & Ors [2020] IEHC 715 Introduction Carroll v. Judge of the District Court & Ors [2020] IEHC...

Enforcement of Court Orders and Contempt: KBC Bank v. McGann [2020] IEHC 624

Date: Dec 3, 2020

Enforcement of Court Orders and Contempt: KBC Bank Ireland PLC v. McGann & ors [2020] IEHC 624 Introduction The case of KBC Bank Ireland PLC v. McGann & ors ([2020] IEHC 624) was adjudicated in the...

Highlands Residents Association v. An Bord Pleanala: Strengthening Zoning Objective Enforcement and Environmental Protections in Strategic Housing Developments

Date: Dec 3, 2020

Highlands Residents Association v. An Bord Pleanala: Strengthening Zoning Objective Enforcement and Environmental Protections in Strategic Housing Developments Introduction The case of Highlands...

Apportionment of Fault and Comprehensive Damages in Negligence Claims: Kelly v. Meegan [2020] IEHC 698

Date: Dec 3, 2020

Apportionment of Fault and Comprehensive Damages in Negligence Claims: Kelly v. Meegan [2020] IEHC 698 Introduction Kelly v. Meegan ([2020] IEHC 698) is a significant case adjudicated by the High...

Jurisdictional Boundaries in Construction Adjudication: Insights from O'Donovan v. Bunni [2020] IEHC 623

Date: Dec 3, 2020

Jurisdictional Boundaries in Construction Adjudication: Insights from O'Donovan v. Bunni [2020] IEHC 623 Introduction The case of O'Donovan & Anor v. Bunni & Anor ([2020] IEHC 623) presented a...

No Jurisdictional Barrier for Capital Reduction Amid Increased Share Premium: Insights from Jazz Pharmaceuticals PLC v. The Companies Act 2014

Date: Dec 2, 2020

No Jurisdictional Barrier for Capital Reduction Amid Increased Share Premium: Insights from Jazz Pharmaceuticals PLC v. The Companies Act 2014 Introduction The case of Jazz Pharmaceuticals PLC v. The...

Clarifying Agency in Receivership: Mortgagors Not Liable for Receiver's Undertakings in Interlocutory Injunctions - Coulston & Anor v. Doyle & Ors ([2020] IEHC 619)

Date: Dec 2, 2020

Clarifying Agency in Receivership: Mortgagors Not Liable for Receiver's Undertakings in Interlocutory Injunctions Introduction Coulston & Anor v. Doyle & Ors ([2020] IEHC 619) is a landmark judgment...

High Court Decision in Devlin v. O'Driscoll Clarifies Membership Requirements for Oppression Claims under Companies Act 2014

Date: Dec 1, 2020

High Court Decision in Devlin v. O'Driscoll Clarifies Membership Requirements for Oppression Claims under Companies Act 2014 Introduction The case of Devlin v. O'Driscoll & Anor (Approved) [2020]...

Procedural Timeliness and Cost Allocation in Remitting Civil Proceedings: Insights from Briedis v. Ryan Investments [2020] IEHC 640

Date: Dec 1, 2020

Procedural Timeliness and Cost Allocation in Remitting Civil Proceedings: Insights from Briedis v. Ryan Investments Trading As Hertz Rent A Car & Anor [2020] IEHC 640 Introduction The case of Janis...

Obligations of Parties in Discovery: Insights from Minister for Education and Skills v. Western Building Systems Ltd

Date: Dec 1, 2020

Obligations of Parties in Discovery: Insights from Minister for Education and Skills v. Western Building Systems Ltd ([2020] IEHC 636) Introduction The case of Minister for Education and Skills v....