Ireland Case Commentaries

Primacy of Compliance with Consent Court Orders: Mandatory Injunction Compelling Execution Despite Unilateral Mistake

Date: Feb 18, 2026

Primacy of Compliance with Consent Court Orders: Mandatory Injunction Compelling Execution Despite Unilateral Mistake 1) Introduction Moloney v Sheehy ([2026] IEHC 91) concerns an urgent High Court...

Section 75 Children Act 2001: “Aged-Out” Accused Have No Constitutional Entitlement to Child-Only Summary Jurisdiction

Date: Feb 17, 2026

Section 75 Children Act 2001: “Aged-Out” Accused Have No Constitutional Entitlement to Child-Only Summary Jurisdiction 1) Introduction In Brophy-v-The Director of Public Prosecutions, Ireland, and...

Article 40.1 Requires Children Act 2001 s. 75 Protections to Extend to “Aged-Out” Minors Where Venue Choice Affects Sentencing Exposure

Date: Feb 17, 2026

Article 40.1 Requires Children Act 2001 s. 75 Protections to Extend to “Aged-Out” Minors Where Venue Choice Affects Sentencing Exposure 1. Introduction Brophy v The Director of Public Prosecutions,...

Functional “Institution” Test under s.49(1) of the Mother and Baby Institutions Payment Scheme Act 2023: multi-facility purpose, not single-site maternity services

Date: Feb 17, 2026

Functional “Institution” Test under s.49(1) of the Mother and Baby Institutions Payment Scheme Act 2023: multi-facility purpose, not single-site maternity services Case: Kiernan [Otherwise John...

Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs

Date: Feb 14, 2026

Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs Case: Shortt v Leonard and Anor (Approved)...

Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement

Date: Feb 14, 2026

Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement CourtHigh Court of Ireland Citation[2026] IEHC 82...

Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment

Date: Feb 14, 2026

Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment 1. Introduction This ex tempore ruling...

[2026] IEHC 147 — Jurisdiction, Guardianship and Habitual Residence

Date: Feb 13, 2026

Prospective Effect of s.6A Guardianship Orders and Loss of Irish Parental-Responsibility Jurisdiction Once Habitual Residence Has Shifted (with Inherent-Jurisdiction Declarations to Facilitate...

Redacted Loan-Transfer Documents in Repossession Execution: Balance-of-Probabilities Proof and “Peruvian Guano” Relevance

Date: Feb 13, 2026

Redacted Loan-Transfer Documents in Repossession Execution: Balance-of-Probabilities Proof and “Peruvian Guano” Relevance 1. Introduction Start Mortgages DAC and Anor v Corr and Anor (Approved)...

Clarifications as Part of the ISFT and the 30-Day Clock for Transparency Challenges in Competitive Dialogue Procurements

Date: Feb 13, 2026

Clarifications as Part of the ISFT and the 30-Day Clock for Transparency Challenges in Competitive Dialogue Procurements 1) Introduction In Kerrigan Sheanon Newman UnLtd Company v Sustainable Energy...

Timely Environmental Information Remedies: EU-Law Limits on Repeated Remittal by the Commissioner for Environmental Information

Date: Feb 12, 2026

Timely Environmental Information Remedies: EU-Law Limits on Repeated Remittal by the Commissioner for Environmental Information 1. Introduction People Over Wind v Commissioner For Environmental...

Draft Judgment Circulation: Limited Scope of Party Comment, Confidentiality, and the Line Between Informal Case-Management and a “Decision in Principle”

Date: Feb 12, 2026

Draft Judgment Circulation: Limited Scope of Party Comment, Confidentiality, and the Line Between Informal Case-Management and a “Decision in Principle” 1) Introduction People Over Wind v...

A Section 132 EIAR Request Is Not a Procedural Straightjacket: Solar Farm Access Tracks Are Not ‘Private Roads’ Triggering Mandatory EIA

Date: Feb 12, 2026

A Section 132 EIAR Request Is Not a Procedural Straightjacket: Solar Farm Access Tracks Are Not ‘Private Roads’ Triggering Mandatory EIA 1) Introduction Moss and Ors v An Coimisiun Pleanala and Anor...

Binding SPPR Planning Guidelines and SEA: Apartment Design Standards as a “Framework for Future Development Consent” (Article 3 SEA Directive) and Aarhus/Kyiv-Consistent Interpretation

Date: Feb 12, 2026

Binding SPPR Planning Guidelines and SEA: Apartment Design Standards as a “Framework for Future Development Consent” (Article 3 SEA Directive) and Aarhus/Kyiv-Consistent Interpretation Case: McDonald...

Accelerated “Safe Country” Appeals: No Oral Hearing Where the Appellant Identifies No Specific Issue Beyond Restating Prior Evidence

Date: Feb 12, 2026

Accelerated “Safe Country” Appeals: No Oral Hearing Where the Appellant Identifies No Specific Issue Beyond Restating Prior Evidence Case: I. M. v The International Protection Appeals Tribunal and...

Section 146 Online-Publication Breaches: Declaratory Relief (Not Certiorari) and Costs Set-Off Where a Concession Is Not Timely Accepted

Date: Feb 12, 2026

Section 146 Online-Publication Breaches: Declaratory Relief (Not Certiorari) and Costs Set-Off Where a Concession Is Not Timely Accepted Case: Hoctor and Ors v An Coimisiun Pleanala and Anor [2026]...

D.O'H v Tusla: Strike-out for Delay in Judicial Review—Applying Kirwan v Connors with a Case-Sensitive Assessment of Excusable Inactivity and Prejudice

Date: Feb 12, 2026

Strike-out for Delay in Judicial Review: Applying Kirwan v Connors Case-Sensitively, Rejecting “Covid as a Blanket Excuse”, and Treating Likely Oral Evidence as a Prejudice Multiplier 1. Introduction...

Proper Provision and Settlement Autonomy in Irish Divorce: High Threshold to Displace Concluded Terms

Date: Feb 12, 2026

Proper Provision and Settlement Autonomy in Irish Divorce: High Threshold to Displace Concluded Terms Case: N.F. v O.F. (Proper Provision, Terms of Settlement, Spousal Autonomy) (Approved) Citation:...

“Accompanied by” in s.26(2) Misuse of Drugs Act 1977 Requires Ongoing Supervision; Unlawful Search Does Not Automatically End the Case

Date: Feb 12, 2026

“Accompanied by” in s.26(2) Misuse of Drugs Act 1977 Requires Ongoing Supervision; Unlawful Search Does Not Automatically End the Case 1) Introduction The Director Of Public Prosecutions [At The Suit...

Corrected Successive EAWs Not Precluded by Prior Refusal; Waiver of Attendance May Be Inferred in “Triggering Offence” Proceedings for Activation of a Suspended Sentence

Date: Feb 12, 2026

Corrected Successive EAWs Not Precluded by Prior Refusal; Waiver of Attendance May Be Inferred in “Triggering Offence” Proceedings for Activation of a Suspended Sentence 1) Introduction Minister For...