Ireland Case Commentaries

Obligation to Use Best Endeavours in Fee Recovery: High Court Sets New Precedent in DK v MK [2020] IEHC 520

Date: Oct 16, 2020

Obligation to Use Best Endeavours in Fee Recovery: High Court Sets New Precedent in DK v MK [2020] IEHC 520 Introduction DK v MK [2020] IEHC 520 is a landmark judgment delivered by Ms. Justice Niamh...

Affirmation of State Discretion in Immigration Matters: Commentary on J.W. & ors v. The Minister for Justice and Equality & ors [2020] IEHC 500

Date: Oct 16, 2020

Affirmation of State Discretion in Immigration Matters: Commentary on J.W. & ors v. The Minister for Justice and Equality & ors [2020] IEHC 500 Introduction The case of J.W. & ors v. The Minister for...

Reaffirmation of the Doctrine of Mootness: A Commentary on Shields v. The Central Bank of Ireland (2020)

Date: Oct 16, 2020

Reaffirmation of the Doctrine of Mootness: A Commentary on Shields v. The Central Bank of Ireland (2020) Introduction The case of Shields v. The Central Bank of Ireland (Approved) ([2020] IEHC 518)...

New Look Retailers (Ireland) Ltd v. The Companies Act, 2014: A Landmark Decision on Examinership and Court Discretion

Date: Oct 15, 2020

New Look Retailers (Ireland) Ltd v. The Companies Act, 2014: A Landmark Decision on Examinership and Court Discretion Introduction In the High Court of Ireland case New Look Retailers (Ireland) Ltd...

Security for Costs and Payment Out: Supreme Court Decision in Miranda & Ors v Rosas Construtores SA & Ors (2020)

Date: Oct 15, 2020

Security for Costs and Payment Out: Supreme Court Decision in Miranda & Ors v Rosas Construtores SA & Ors (2020) Introduction The Supreme Court of Ireland, in the case of Miranda & Ors v. Rosas...

Minister Not Obliged to Facilitate Re-entry After Consent to Reapply for International Protection

Date: Oct 14, 2020

Minister Not Obliged to Facilitate Re-entry After Consent to Reapply for International Protection Introduction The case Seredych v. The Minister for Justice (Unapproved) ([2020] IESC 62) was...

Establishing Principles for Substantive Injunctions in Deportation Cases: Analysis of B.S (India) & Anor v. The Minister for Justice and Equality & Ors (No.3)

Date: Oct 13, 2020

Establishing Principles for Substantive Injunctions in Deportation Cases Introduction The case B.S (India) & Anor v. The Minister for Justice and Equality & Ors (No.3) ([2020] IEHC 485) delivered by...

Surrender Precluded by Lack of Reciprocity and Accrued Rights in Minister for Justice and Equality v. Bailey (2020) IEHC 528

Date: Oct 13, 2020

Surrender Precluded by Lack of Reciprocity and Accrued Rights in Minister for Justice and Equality v. Bailey (2020) IEHC 528 Introduction Minister for Justice and Equality v. Bailey (Approved)...

Establishing Clear Procedures for Substituted Service and Privacy Protections in Defamation Cases: The Guerin v. O'Doherty Judgment

Date: Oct 13, 2020

Establishing Clear Procedures for Substituted Service and Privacy Protections in Defamation Cases: The Guerin v. O'Doherty Judgment Introduction The case of Guerin v. O’Doherty (Approved) [2020] IEHC...

Supreme Court Refines Criteria for 'Leapfrog Appeals' in Pepper Finance v. Jenkins

Date: Oct 13, 2020

Supreme Court Refines Criteria for 'Leapfrog Appeals' in Pepper Finance v. Jenkins Introduction The Supreme Court of Ireland, in Pepper Finance Corporation (Ireland) Designated Activity Company v....

No Relevant Debt: Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved)

Date: Oct 13, 2020

No Relevant Debt: Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved) Introduction In the landmark case of Murphy v. The Personal Insolvency Acts 2012 to 2015 (Approved) ([2020] IEHC 506),...

High Court Establishes Strict Criteria for Interlocutory Injunctions in Contractual and Copyright Disputes

Date: Oct 10, 2020

High Court Establishes Strict Criteria for Interlocutory Injunctions in Contractual and Copyright Disputes Introduction In the landmark case of Flogas Ireland Ltd & anor v. North West Gas Company Ltd...

Dempsey v An Bord Pleanála: High Court Clarifies Jurisdiction in Judicial Withdrawals

Date: Oct 10, 2020

Dempsey v An Bord Pleanála: High Court Clarifies Jurisdiction in Judicial Withdrawals 1. Introduction The case of Dempsey & ors v. An Bord Pleanála ([2020] IEHC 462 (Approved)) represents a pivotal...

Surrendering Under the European Arrest Warrant Act: Insights from Minister for Justice and Equality v. Purse ([2020] IEHC 515)

Date: Oct 10, 2020

Surrendering Under the European Arrest Warrant Act: Insights from Minister for Justice and Equality v. Purse ([2020] IEHC 515) Introduction The case of Minister for Justice and Equality v. Purse...

Affirmation of Status Quo in Child Access Arrangements in the Absence of Expert Evidence: X v Y [2020] IEHC 502

Date: Oct 10, 2020

Affirmation of Status Quo in Child Access Arrangements in the Absence of Expert Evidence: X v Y [2020] IEHC 502 Introduction The case of X v. Y ([2020] IEHC 502) adjudicated by the High Court of...

Safdar v. Minister for Justice: Refusal of Leave to Appeal under Article 34.5.3° - Implications for EU Free Movement Rights

Date: Oct 9, 2020

Safdar v. Minister for Justice: Refusal of Leave to Appeal under Article 34.5.3° - Implications for EU Free Movement Rights Introduction In the landmark case of Safdar v. The Minister for Justice,...

Effective Judicial Protection in European Arrest Warrants: Insights from Minister for Justice and Equality v. Laipnieks [2020] IEHC 517

Date: Oct 9, 2020

Effective Judicial Protection in European Arrest Warrants: Insights from Minister for Justice and Equality v. Laipnieks [2020] IEHC 517 Introduction The case of Minister for Justice and Equality v....

Tracing Proceeds of Crime in Asset Forfeiture: Insights from CAB v. Casey [2020] IEHC 499

Date: Oct 8, 2020

Tracing Proceeds of Crime in Asset Forfeiture: Insights from Criminal Assets Bureau v. Casey & Anor [2020] IEHC 499 Introduction The High Court of Ireland delivered a significant judgment on October...

Minister for Justice and Equality v. Florczak: Upholding the Presumption of Compliance in European Arrest Warrants

Date: Oct 8, 2020

Minister for Justice and Equality v. Florczak: Upholding the Presumption of Compliance in European Arrest Warrants Introduction Minister for Justice and Equality v. Florczak ([2020] IEHC 519) is a...

Reaffirming 'Due and Payable' in Tax Recovery: Analysis of High Court Decision in Gladney v. McGregor Senior [2020] IEHC 496

Date: Oct 7, 2020

Reaffirming 'Due and Payable' in Tax Recovery: Analysis of High Court Decision in Gladney v. McGregor Senior [2020] IEHC 496 Introduction The case of Gladney v. McGregor Senior ([2020] IEHC 496)...