Ireland Case Commentaries

Application of Section 50A(7) and Glancré Principles in High Court Decision: Rushe & Anor v. An Bord Pleanála

Date: Sep 1, 2020

Application of Section 50A(7) and Glancré Principles in High Court Decision: Rushe & Anor v. An Bord Pleanála Introduction The case of Rushe & anor v. An Bord Pleanála (Approved) [2020] IEHC 429 was...

M.I. v. M.B.R.: Establishing Standards for Grave Risk in International Child Abduction Cases

Date: Aug 26, 2020

M.I. v. M.B.R.: Establishing Standards for Grave Risk in International Child Abduction Cases Introduction The High Court of Ireland delivered a significant judgment on August 25, 2020, in the case of...

Adjudication of Altered Wills: Insights from McEnroe Estate Judgment [2020] IEHC 421

Date: Aug 22, 2020

Adjudication of Altered Wills: Insights from McEnroe Estate Judgment [2020] IEHC 421 Introduction The case of In the matter of the Estate of Mary Philomena Maureen McEnroe deceased (Approved) ([2020]...

Madden v. Louth County Council: Reaffirming Cost Awards for Unsuccessful Interlocutory Applications

Date: Aug 22, 2020

Madden v. Louth County Council: Reaffirming Cost Awards for Unsuccessful Interlocutory Applications Introduction Madden v. Louth County Council (Approved) ([2020] IEHC 422) is a significant case...

Discontinuance and Cost Implications: ILG Ltd & Anor v. Aprilane Ltd ([2020] IEHC 420)

Date: Aug 22, 2020

Discontinuance and Cost Implications: ILG Ltd & Anor v. Aprilane Ltd ([2020] IEHC 420) Introduction The case of ILG Limited & Templeville Developments Limited v. Aprilane Limited ([2020] IEHC 420)...

Burke v. The Minister for Education: Ensuring Equity in Calculated Grades for Home-Schooled Students

Date: Aug 20, 2020

Burke v. The Minister for Education: Ensuring Equity in Calculated Grades for Home-Schooled Students Introduction The COVID-19 pandemic precipitated unprecedented disruptions in education systems...

Blackwell v. Minister for Health and Children: High Court Clarifies Requirements for Interrogatories in Civil Litigation

Date: Aug 19, 2020

Blackwell v. Minister for Health and Children: High Court Clarifies Requirements for Interrogatories in Civil Litigation Introduction The case of Blackwell & ors v. The Minister for Health and...

B.S. (India) & Ors v. Minister for Justice and Equality: Establishing the Scope for Substantive Injunctions in Deportation Proceedings

Date: Aug 18, 2020

B.S. (India) & Ors v. Minister for Justice and Equality: Establishing the Scope for Substantive Injunctions in Deportation Proceedings Introduction The case of B.S. (India) & Ors v. The Minister for...

Mandatory Establishment of Medical Practitioner Panels under Section 23: M.R. (Albania) v. Minister for Justice and Equality (2020)

Date: Aug 18, 2020

Mandatory Establishment of Medical Practitioner Panels under Section 23: M.R. (Albania) v. Minister for Justice and Equality (2020) Introduction The case of M.R. (Albania) v. The Minister for Justice...

Kenny v. Trinity College: Finality of Judicial Decisions and Abuse of Process

Date: Aug 15, 2020

Kenny v. Trinity College: Finality of Judicial Decisions and Abuse of Process Introduction Kenny v. Trinity College & anor (Unapproved) ([2020] IESC 54) is a landmark case adjudicated by the Supreme...

Clarifying the Excusability of Inordinate Delay: Insights from Ulster Bank Ireland Limited v. Sutton & ors [2020] IEHC 426

Date: Aug 8, 2020

Clarifying the Excusability of Inordinate Delay: Insights from Ulster Bank Ireland Limited v. Sutton & ors [2020] IEHC 426 Introduction The High Court of Ireland, in the landmark case Ulster Bank...

Settlement and Cost Implications in Article 40.4.2 Applications: O v. The Child and Family Agency [2020] IEHC 397

Date: Aug 8, 2020

Settlement and Cost Implications in Article 40.4.2 Applications: O v. The Child and Family Agency [2020] IEHC 397 Introduction The case O v. The Child and Family Agency (Approved) ([2020] IEHC 397)...

Full Inclusion of Mortgage Repayments as Non-Cash Benefits in Disability Means Assessment

Date: Aug 6, 2020

Full Inclusion of Mortgage Repayments as Non-Cash Benefits in Disability Means Assessment Introduction Bracken v. Minister for Employment Affairs and Social Protection ([2020] IEHC 394) is a pivotal...

High Court Upholds Full Mortgage Repayments in Means Assessment for Social Welfare Benefits

Date: Aug 6, 2020

High Court Upholds Full Mortgage Repayments in Means Assessment for Social Welfare Benefits Introduction The case of Brennan v. Minister for Employment Affairs and Social Protection ([2020] IEHC 393)...

Simpson v. Governor of Mountjoy Prison: Reinforcing Judicial Integrity through Cost Sanctions on Dishonest Litigants

Date: Aug 1, 2020

Simpson v. Governor of Mountjoy Prison: Reinforcing Judicial Integrity through Cost Sanctions on Dishonest Litigants Introduction Simpson v. Governor of Mountjoy Prison & Ors (Approved) ([2020] IESC...

High Court Clarifies Constitutional Boundaries in Sectoral Employment Orders under Industrial Relations (Amendment) Act 2015

Date: Aug 1, 2020

High Court Clarifies Constitutional Boundaries in Sectoral Employment Orders under Industrial Relations (Amendment) Act 2015 Introduction The case Naisiunta Leictreach Contraitheoir Eireann v. The...

Right to Know CLG v. Commissioner for Environmental Information: Establishing Mootness in Access to Environmental Information

Date: Aug 1, 2020

Right to Know CLG v. Commissioner for Environmental Information: Establishing Mootness in Access to Environmental Information Introduction The case Right to Know CLG v. Commissioner for Environmental...

Strict Time Limits for Judicial Review in Planning Decisions: Analysis of Reidy v. An Bord Pleanála [2020] IEHC 423

Date: Aug 1, 2020

Strict Time Limits for Judicial Review in Planning Decisions: Analysis of Reidy v. An Bord Pleanála [2020] IEHC 423 Introduction The case of Reidy v. An Bord Pleanála [2020] IEHC 423 is a significant...

Clarke v. CGI Food Services Ltd: High Court Affirms Protection for Whistleblowers under the Protected Disclosures Act 2014

Date: Aug 1, 2020

Clarke v. CGI Food Services Ltd: High Court Affirms Protection for Whistleblowers under the Protected Disclosures Act 2014 Introduction Clarke v. CGI Food Services Ltd & Anor (Approved) [2020] IEHC...

Legal Analysis of O'Shea v. Legal Aid Board & Ors ([2020] IESC 51)

Date: Aug 1, 2020

Court Recommendations Under the Legal Aid – Custody Issues Scheme Not Binding on Board: O'Shea v. Legal Aid Board ([2020] IESC 51) Introduction The Supreme Court of Ireland, in O'Shea v. Legal Aid...