Ireland Case Commentaries

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...

Balancing Public Interest and Retrial Constraints: Insights from Director of Public Prosecutions v. T.N. ([2020] IESC 53)

Date: Aug 1, 2020

Balancing Public Interest and Retrial Constraints: Insights from Director of Public Prosecutions v. T.N. ([2020] IESC 53) Introduction In the landmark case of Director of Public Prosecutions v. T.N....

National Climate Change Mitigation Plan Quashed for Lack of Specificity: Rethinking Legislative Compliance and Standing

Date: Aug 1, 2020

National Climate Change Mitigation Plan Quashed for Lack of Specificity: Rethinking Legislative Compliance and Standing Introduction The Supreme Court of Ireland delivered its judgment in the case of...

Affirmation of Local Authority Powers under the Control of Horses Act 1996: O'Donoghue v. Laois County Council [2020] IEHC 424

Date: Aug 1, 2020

Affirmation of Local Authority Powers under the Control of Horses Act 1996: O'Donoghue v. Laois County Council [2020] IEHC 424 Introduction The case of O'Donoghue v. Laois County Council ([2020] IEHC...

Ensuring Adequate Reasoning in Planning Decision Refusals: Insights from Cekav Trading GP Ltd v. An Bord Pleanála

Date: Aug 1, 2020

Ensuring Adequate Reasoning in Planning Decision Refusals: Insights from Cekav Trading GP Ltd v. An Bord Pleanála Introduction The case of Cekav Trading GP Ltd v. An Bord Pleanála ([2020] IEHC 400)...

Supreme Court of Ireland Establishes Precedent on Fisheries Data Methodology in Nephrops Case

Date: Aug 1, 2020

Supreme Court of Ireland Establishes Precedent on Fisheries Data Methodology in Nephrops Case Introduction The case of Fitzpatrick & anor v. Minister for Agriculture Food and the Marine & anor...

Comprehensive Commentary on M.H. (Pakistan) v. The International Protection Appeals Tribunal & Ors ([2020] IEHC 364)

Date: Aug 1, 2020

M.H. (Pakistan) v. The International Protection Appeals Tribunal & Ors ([2020] IEHC 364): Establishing Judicial Boundaries in Immigration Law Introduction The case of M.H. (Pakistan) v. The...

Leapfrog Appeals Directly to the Supreme Court: Bank of Ireland Mortgage Bank v. Cody & anor (2020)

Date: Jul 31, 2020

Leapfrog Appeals Directly to the Supreme Court: Bank of Ireland Mortgage Bank v. Cody & anor (2020) Introduction In the landmark case Bank of Ireland Mortgage Bank v. Cody & anor ([2020] IESCDET 96),...

Delays in Disability Assessments: Judicial Findings in JO'SS (A Minor) v. Health Service Executive [2020] IEHC 405

Date: Jul 31, 2020

Delays in Disability Assessments: Judicial Findings in JO'SS (A Minor) v. Health Service Executive [2020] IEHC 405 Introduction The case of JO'SS (A Minor) v. Health Service Executive (HSE) [2020]...

Surrender Under the European Arrest Warrant: Insights from Minister for Justice v. Kis [2020] IEHC 396

Date: Jul 31, 2020

Surrender Under the European Arrest Warrant: Insights from Minister for Justice, Equality & Law Reform v. Kis [2020] IEHC 396 Introduction The case Minister for Justice, Equality & Law Reform v....

DB (A Minor) v. The Health Service Executive [2020]: Clarifying Service Provision Obligations under the Disability Act

Date: Jul 31, 2020

DB (A Minor) v. The Health Service Executive [2020]: Clarifying Service Provision Obligations under the Disability Act Introduction The High Court of Ireland delivered a pivotal judgment on July 30,...

Establishing Criteria for Leapfrog Appeals: Insights from Braney v. Special Criminal Court (2020)

Date: Jul 31, 2020

Establishing Criteria for Leapfrog Appeals: Insights from Braney v. Special Criminal Court & ors (2020) Introduction The case of Kevin Braney versus the Special Criminal Court, the Attorney General,...

Reaffirmation of Arrest Protocols in Public Order Offenses

Date: Jul 31, 2020

Reaffirmation of Arrest Protocols in Public Order Offenses Introduction In the landmark case of The Director of Public Prosecutions v. Bradley (Approved) ([2020] IEHC 466), the High Court of Ireland...

Delaney v Circle K: Strengthening Occupiers’ Duty of Care in Pavement Maintenance

Date: Jul 31, 2020

Delaney v Circle K: Strengthening Occupiers’ Duty of Care in Pavement Maintenance Introduction Delaney v. Circle K Ireland Energy Group Ltd (Formerly Topaz) ([2020] IEHC 453) is a significant case...

Judicial Review Supersedes Statutory Redress Mechanism When the Statutory Procedure Is Inadequate: Insights from CM (A Minor) v. Health Service Executive [2020] IEHC 406

Date: Jul 31, 2020

Judicial Review Supersedes Statutory Redress Mechanism When the Statutory Procedure Is Inadequate: Insights from CM (A Minor) v. Health Service Executive [2020] IEHC 406 Introduction In the High...

Interlocutory Injunction Decision in Ryanair DAC v. Skyscanner Ltd: Implications for Data Access and Airline-OTA Relationships

Date: Jul 31, 2020

Interlocutory Injunction Decision in Ryanair DAC v. Skyscanner Ltd: Implications for Data Access and Airline-OTA Relationships Introduction The case of Ryanair DAC v. Skyscanner Ltd & ORS (Approved)...

Morrow v. Fields of Life Trust Ltd & Anor: Enhancing Third-Party Joinder Procedures and Addressing Judicial Discretion in the High Court of Ireland

Date: Jul 31, 2020

Morrow v. Fields of Life Trust Ltd & Anor: Enhancing Third-Party Joinder Procedures and Addressing Judicial Discretion in the High Court of Ireland Introduction Morrow v. Fields of Life Trust Ltd &...

Disqualification of Directors Under Companies Act 2014: Alvonway Investments Ltd Case Commentary

Date: Jul 30, 2020

Disqualification of Directors Under Companies Act 2014: Alvonway Investments Ltd Case Commentary Introduction The case of Alvonway Investments Ltd (In Receivership and in Liquidation) v. The...

Enforceability of Penalty Clauses in Property Sales Contracts: Insights from Irish Life Assurance PLC v. Olema Consultants ([2020] IEHC 498)

Date: Jul 29, 2020

Enforceability of Penalty Clauses in Property Sales Contracts: Insights from Irish Life Assurance PLC v. Olema Consultants ([2020] IEHC 498) Introduction The case of Irish Life Assurance PLC v. Olema...

Daire v. The Wise Finance Company Limited: Upholding Issue Estoppel and Procedural Limits in Appeal Applications

Date: Jul 29, 2020

Daire v. The Wise Finance Company Limited: Upholding Issue Estoppel and Procedural Limits in Appeal Applications Introduction Daire v. The Wise Finance Company Limited & ors (2020_IESCDET_94) is a...