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  • Commentaries

Ireland Case Commentaries

“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350

“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350

Date: May 8, 2025
“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350 1....
Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review

Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review

Date: May 8, 2025
Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review Introduction Health Service Executive v A ([2025]...
Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258

Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258

Date: May 7, 2025
Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258 Introduction This commentary examines the High Court’s decision in Rogers v Director of Public...
Clarifying Cross-Examination Obligations in Inquisitorial International Protection Appeals

Clarifying Cross-Examination Obligations in Inquisitorial International Protection Appeals

Date: May 3, 2025
Clarifying Cross-Examination Obligations in Inquisitorial International Protection Appeals Introduction K.J. (a Georgian national) sought refugee or subsidiary protection in Ireland on the basis...
The “Sheer Blueness” Doctrine – High Court Refines Passing-Off, Survey-Evidence and Balance-of-Convenience Tests in Interlocutory Injunctions

The “Sheer Blueness” Doctrine – High Court Refines Passing-Off, Survey-Evidence and Balance-of-Convenience Tests in Interlocutory Injunctions

Date: May 3, 2025
The “Sheer Blueness” Doctrine – High Court Refines Passing-Off, Survey-Evidence and Balance-of-Convenience Tests in Interlocutory Injunctions 1. Introduction In Yoplait Ireland Ltd v Nutricia Ireland...
Aggravated damages for abusive litigation conduct and no “backdoor” reopening of liability on assessment-only appeal: Commentary on AB v MW [No.1] [2025] IEHC 242

Aggravated damages for abusive litigation conduct and no “backdoor” reopening of liability on assessment-only appeal: Commentary on AB v MW [No.1] [2025] IEHC 242

Date: May 2, 2025
Aggravated damages for abusive litigation conduct and no “backdoor” reopening of liability on assessment-only appeal Commentary on AB v MW [No.1] (Approved) [2025] IEHC 242, High Court of Ireland...
Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Date: May 1, 2025
Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims 1. Introduction This commentary examines the High Court’s decision in Kirby v Hotel Kilkenny...
Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Date: Apr 30, 2025
Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board Introduction Prendergast v Legal Aid Board [2025] IEHC 257 is a High Court judicial review arising...
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Date: Apr 30, 2025
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223 Introduction Campbell v O'Doherty [2025] IEHC 223 is a High Court decision delivered by...
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Date: Apr 30, 2025
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor Introduction Dublin City Council v Lynskey & Anor [2025] IEHC 241 is a High Court decision addressing the...
Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála

Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála

Date: Apr 30, 2025
Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála Introduction Byrne v An Bord Pleanála & Anor [2025] IEHC 222 is a High Court ruling delivered by Mr Justice Nolan on 29...
Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Date: Apr 29, 2025
Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015 Introduction In CDB Aviation Lease Finance Designated Activity Company &...
Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Date: Apr 29, 2025
Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure Introduction This commentary examines the High Court of Ireland’s decision in PK v VS & Anor...
Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Date: Apr 26, 2025
Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review Introduction This case arose from an application by Michael and Maureen Larkin (“the applicants”) for judicial review of...
Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Date: Apr 26, 2025
Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries Introduction Granahan v Governor of Mountjoy Prison & Anor [2025] IEHC 247 is a High Court ruling delivered by Mr....
Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237)

Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237)

Date: Apr 24, 2025
Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237) Introduction Director of Public Prosecutions v O’Brien ([2025] IEHC 237)...
All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC

All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC

Date: Apr 24, 2025
All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC Introduction In Marlin Apartments Ltd trading as Marlin Hotel Dublin v...
Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21

Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21

Date: Apr 23, 2025
Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21 Introduction Deegan v Campbell [2025] IEHC 240 is a High Court decision...
Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC

Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC

Date: Apr 18, 2025
Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC Introduction Connaughton v Start Mortgages Designated Activity Company [2025] IEHC 249 is a High...
Obligation to Provide Public Open Space or Financial Contribution in Lieu: Eglington Residents Association v An Bord Pleanála ([2025] IEHC 209)

Obligation to Provide Public Open Space or Financial Contribution in Lieu: Eglington Residents Association v An Bord Pleanála ([2025] IEHC 209)

Date: Apr 16, 2025
Obligation to Provide Public Open Space or Financial Contribution in Lieu in Planning Appeals Introduction Eglington Residents Association & Anor v An Bord Pleanála & Ors ([2025] IEHC 209) was...
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