Ireland Case Commentaries

Fennelly v. O'Doherty: Clarification on Standing to Appeal Disciplinary Tribunal Decisions

Date: Sep 16, 2020

Fennelly v. O'Doherty: Clarification on Standing to Appeal Disciplinary Tribunal Decisions Introduction Fennelly v. O'Doherty (2020_IESCDET_100) is a pivotal case adjudicated by the Supreme Court of...

Bradshaw v. County Registrar: Upholding Judicial Review Standards in Ireland's High Court

Date: Sep 16, 2020

Bradshaw v. County Registrar: Upholding Judicial Review Standards in Ireland's High Court Introduction In the landmark case of Bradshaw v. The County Registrar for the County of Tipperary & anor...

Enforcing Environmental Remediation through Contempt Proceedings: A Comprehensive Analysis of Meath County Council v. Hendy [2020] IEHC 449

Date: Sep 15, 2020

Enforcing Environmental Remediation through Contempt Proceedings: A Comprehensive Analysis of Meath County Council v. Hendy [2020] IEHC 449 Introduction The case of Meath County Council v. Hendy &...

Establishing Contemplation of Marriage in Wills: Insights from Estate of McPartlan v. Application by Dinneen [2020] IEHC 447

Date: Sep 12, 2020

Establishing Contemplation of Marriage in Wills: Insights from Estate of McPartlan v. Application by Dinneen [2020] IEHC 447 Introduction The case of Estate of McPartlan v. Application by Dinneen...

Protective Certificates and Statute of Limitations: A Comprehensive Analysis of Start Mortgages PLC v. Ward & Anor [2020] IEHC 444

Date: Sep 12, 2020

Protective Certificates and Statute of Limitations: A Comprehensive Analysis of Start Mortgages PLC v. Ward & Anor [2020] IEHC 444 Introduction The case of Start Mortgages PLC v. Ward & Anor [2020]...

IEHC 445: Establishing Jurisdiction and Sufficient Nexus for Ancillary Releases in Schemes of Arrangement under Irish and EU Law

Date: Sep 12, 2020

IEHC 445: Establishing Jurisdiction and Sufficient Nexus for Ancillary Releases in Schemes of Arrangement under Irish and EU Law Introduction The case of Nordic Aviation Capital Designated Activity...

Judicial Review of Garda Síochána Member Suspension: Insights from O'Neill v. Commissioner of An Garda Síochána [2020] IEHC 448

Date: Sep 12, 2020

Judicial Review of Garda Síochána Member Suspension: Insights from O'Neill v. Commissioner of An Garda Síochána [2020] IEHC 448 Introduction The case of O'Neill v. The Commissioner of An Garda...

High Court of Ireland Affirms Limitations on Preliminary Reference Procedures in EU Delegated Regulations

Date: Sep 12, 2020

High Court of Ireland Affirms Limitations on Preliminary Reference Procedures in EU Delegated Regulations Introduction In the landmark case Friends of the Irish Environment CLG v. Minister for...

Limits of Journalistic Privilege in Criminal Investigations: High Court Rules in 'The Democrat' v. Commissioner of An Garda Síochána

Date: Sep 12, 2020

Limits of Journalistic Privilege in Criminal Investigations: High Court Rules in 'The Democrat' v. Commissioner of An Garda Síochána Introduction The case of Emmett Corcoran Oncor Ventures Ltd T/A...

Interpretation of Section 46(3) of the Personal Injuries Assessment Board Act 2003 in Du Plooy v Sport Ireland & anor [2020] IEHC 669

Date: Sep 11, 2020

Interpretation of Section 46(3) of the Personal Injuries Assessment Board Act 2003 in Du Plooy v Sport Ireland & anor [2020] IEHC 669 Introduction Du Plooy v Sport Ireland & anor is a significant...

Determining 'Directly Affected' Parties in Judicial Review: Insights from Gavigan v. Valuation Tribunal

Date: Sep 11, 2020

Determining 'Directly Affected' Parties in Judicial Review: Insights from Gavigan & ors v. Valuation Tribunal ([2020] IEHC 670) Introduction The case of Gavigan & ors v. Valuation Tribunal (Approved)...

Reaffirming the 'Costs Follow the Event' Principle in Defamation Proceedings Involving Companies Limited by Guarantee

Date: Sep 10, 2020

Reaffirming the 'Costs Follow the Event' Principle in Defamation Proceedings Involving Companies Limited by Guarantee Introduction Gordon v. The Irish Racehorse Trainers Association (Approved)...

C.D. v. The Child and Family Agency (Approved) [2020] IEHC 452: Jurisdiction to Determine Foundational Child Abuse Allegations

Date: Sep 8, 2020

C.D. v. The Child and Family Agency (Approved) [2020] IEHC 452: Jurisdiction to Determine Foundational Child Abuse Allegations Introduction The High Court of Ireland delivered a significant judgment...

High Court's Independent Review of Solicitors' Misconduct Findings: Law Society of Ireland v. Coleman [2020] IEHC 381

Date: Sep 8, 2020

High Court's Independent Review of Solicitors' Misconduct Findings: Law Society of Ireland v. Coleman [2020] IEHC 381 Introduction The case of The Law Society of Ireland v. Coleman ([2020] IEHC 381)...

High Court Upholds Tender Process Discretion: Owens v. Kildare County Council [2020] IEHC 435

Date: Sep 4, 2020

High Court Upholds Tender Process Discretion: Owens v. Kildare County Council [2020] IEHC 435 Introduction The case of Owens v. Kildare County Council ([2020] IEHC 435) adjudicated in the High Court...

Newly-Discovered Psychiatric Diagnosis as Grounds for Overturning Murder Conviction: A Commentary on The People v. Yusuf Ali Abdi [2020] IEHC 434

Date: Sep 3, 2020

Newly-Discovered Psychiatric Diagnosis as Grounds for Overturning Murder Conviction: A Commentary on The People v. Yusuf Ali Abdi [2020] IEHC 434 Introduction The People (At the Suit of the Director...

High Court Establishes Rigorous Standards for Section 5(6) Appeals in Immigration Cases

Date: Sep 3, 2020

High Court Establishes Rigorous Standards for Section 5(6) Appeals in Immigration Cases Introduction The case of MH and SH (A minor suing by her mother and next friend MH) v. Minister for Justice and...

Strict Criteria for Appeal Certificates under the Illegal Immigrants (Trafficking) Act 2000: Insights from MH and SH v. Minister for Justice and Equality (No.2) [2020] IEHC 436

Date: Sep 3, 2020

Strict Criteria for Appeal Certificates under the Illegal Immigrants (Trafficking) Act 2000: Insights from MH and SH v. Minister for Justice and Equality (No.2) [2020] IEHC 436 Introduction The case...

High Court of Ireland Upholds Public Interest in Environmental Information Disclosure Over Commercial Confidentiality in M50 Skip Hire & Recycling Ltd v. Commissioner for Environmental Information

Date: Sep 3, 2020

High Court of Ireland Upholds Public Interest in Environmental Information Disclosure Over Commercial Confidentiality in M50 Skip Hire & Recycling Ltd v. Commissioner for Environmental Information...

High Court Sanctions Transition to ICSD Model via Scheme of Arrangement under Companies Act 2014: FundLogic Alternatives Plc Case Commentary

Date: Sep 1, 2020

High Court Sanctions Transition to ICSD Model via Scheme of Arrangement under Companies Act 2014: FundLogic Alternatives Plc Case Commentary Introduction In the landmark case of FundLogic...