Ireland Case Commentaries

Supreme Court Upholds Court of Appeal Decision in Criminal Assets Bureau v Russell: Implications for Leave to Appeal

Date: Jul 17, 2020

Supreme Court Upholds Court of Appeal Decision in Criminal Assets Bureau v Russell: Implications for Leave to Appeal Introduction The case of Criminal Assets Bureau v. Russell (2020_IESCDET_87)...

Supreme Court of Ireland Upholds Classification of Disability Allowance as Special Non-Contributory Payment under EU Regulation 883/2004

Date: Jul 16, 2020

Supreme Court of Ireland Upholds Classification of Disability Allowance as Special Non-Contributory Payment under EU Regulation 883/2004 Introduction The case of Petecel v. The Minister for Social...

Security for Costs Applications in the Presence of Individual Co-Plaintiffs: Insights from Bionomica Ltd (In Voluntary Liquidation) [2020] IEHC 340

Date: Jul 16, 2020

Security for Costs Applications in the Presence of Individual Co-Plaintiffs: Insights from Bionomica Ltd (In Voluntary Liquidation) [2020] IEHC 340 Introduction The case of Bionomica Limited (In...

Enhancing Judicial Scrutiny: The Own Motion Obligation in Mortgage Disputes

Date: Jul 15, 2020

Enhancing Judicial Scrutiny: The Own Motion Obligation in Mortgage Disputes Introduction The case of EBS Mortgage Finance v. Ryan & Anor (Approved) ([2020] IEHC 212) adjudicated by the High Court of...

Supreme Court Upholds Finality in Criminal Appeals: Director of Public Prosecutions v. Roche

Date: Jul 15, 2020

Supreme Court Upholds Finality in Criminal Appeals: Director of Public Prosecutions v. Roche Introduction The case of Director of Public Prosecutions v. Roche ([2020] IESCDET 85) adjudicated by the...

Palonka [2020] IESC 40: Supreme Court Clarifies Abuse of Process in European Arrest Warrants and In Absentia Activation of Suspended Sentences

Date: Jul 15, 2020

Palonka [2020] IESC 40: Supreme Court Clarifies Abuse of Process in European Arrest Warrants and In Absentia Activation of Suspended Sentences Introduction The Minister for Justice and Equality...

Director of Public Prosecutions v. Roche: Reinforcing the Criteria for Granting Leave to Appeal under Article 34.5.3° of the Constitution

Date: Jul 15, 2020

Director of Public Prosecutions v. Roche: Reinforcing the Criteria for Granting Leave to Appeal under Article 34.5.3° of the Constitution Introduction The case of Director of Public Prosecutions v....

Enhanced Proof Requirements for Equitable Mortgages under the Registration of Deeds and Title Act 2006: Insights from Promontoria v. McKenna [2020] IEHC 337

Date: Jul 15, 2020

Enhanced Proof Requirements for Equitable Mortgages under the Registration of Deeds and Title Act 2006: Insights from Promontoria v. McKenna [2020] IEHC 337 Introduction The case of Promontoria...

Enhanced Judicial Protection Standards for European Arrest Warrants: Insights from Minister for Justice and Equality v. Smits [2020] IEHC 389

Date: Jul 15, 2020

Enhanced Judicial Protection Standards for European Arrest Warrants: Insights from Minister for Justice and Equality v. Smits [2020] IEHC 389 Introduction The case of Minister for Justice and...

Affirmation of Procedural Adequacy in Planning Decisions: Griffin v. Dublin City Council [2020] IEHC 507

Date: Jul 11, 2020

Affirmation of Procedural Adequacy in Planning Decisions: Griffin v. Dublin City Council [2020] IEHC 507 Introduction Griffin v. Dublin City Council ([2020] IEHC 507) is a significant judicial review...

Extradition Under the European Arrest Warrant Act: Balancing Public Interest and Private Rights in Minister for Justice and Equality v. Polak

Date: Jul 11, 2020

Extradition Under the European Arrest Warrant Act: Balancing Public Interest and Private Rights in Minister for Justice and Equality v. Polak ([2020] IEHC 417) Introduction Minister for Justice and...

Recognition of Prisoner's Autonomy: Governor of A Prison v. GDC ([2020] IEHC 354)

Date: Jul 11, 2020

Recognition of Prisoner's Autonomy: Governor of A Prison v. GDC ([2020] IEHC 354) Introduction Governor of A Prison v. GDC ([2020] IEHC 354) is a landmark case adjudicated by the High Court of...

Duty of Care in Dam Operations: Insights from University College Cork v. Electricity Supply Board ([2020] IESC 38_2)

Date: Jul 9, 2020

Duty of Care in Dam Operations: Insights from University College Cork v. Electricity Supply Board ([2020] IESC 38_2) Introduction University College Cork (UCC) initiated legal proceedings against the...

Establishing Duty of Care in Dam Operations: The Precedent Set by University College Cork v. Electricity Supply Board

Date: Jul 9, 2020

Establishing Duty of Care in Dam Operations: The Precedent Set by University College Cork v. Electricity Supply Board Introduction The landmark case University College Cork v. Electricity Supply...

Supreme Court of Ireland Establishes Duty of Care for Dam Operators in Flood Management: UCC v. ESB

Date: Jul 9, 2020

Supreme Court of Ireland Establishes Duty of Care for Dam Operators in Flood Management: UCC v. ESB Introduction The Supreme Court of Ireland, in the case of University College Cork v. Electricity...

Establishing Sufficient Estate for Licensing: Insights from Galfer Filling Station Ltd v. Licensing Acts (Approved) [2020] IEHC 478

Date: Jul 9, 2020

Establishing Sufficient Estate for Licensing: Insights from Galfer Filling Station Ltd v. Licensing Acts (Approved) [2020] IEHC 478 Introduction The case Galfer Filling Station Ltd v. Licensing Acts...

Scallon v Independent News & Media PLC: Clarifying Defendant Identification in Corporate Defamation Cases

Date: Jul 9, 2020

Scallon v Independent News & Media PLC: Clarifying Defendant Identification in Corporate Defamation Cases Introduction The case of Scallon v. Independent News & Media PLC ([2020] IEHC 472) addresses...

Striking Out Frivolous Claims in Loan Disputes: Insights from O'Neill v. Celtic Residential Irish Securitisation PLC

Date: Jul 8, 2020

Striking Out Frivolous Claims in Loan Disputes: Insights from O'Neill v. Celtic Residential Irish Securitisation PLC Introduction The case of O'Neill v. Celtic Residential Irish Securitisation PLC &...

Cost Allocation in Judicial Amendments: The Precedent Set by Care Prime Holdings FC Ltd v. Howth Estate Company

Date: Jul 7, 2020

Cost Allocation in Judicial Amendments: The Precedent Set by Care Prime Holdings FC Ltd v. Howth Estate Company Introduction The case of Care Prime Holdings FC Ltd & Ors v. Howth Estate Company &...

Implications of Criminal Justice (Surveillance) Act 2009: Supreme Court in DPP v. Hannaway

Date: Jul 4, 2020

Implications of Criminal Justice (Surveillance) Act 2009: Supreme Court in Director of Public Prosecutions v. Hannaway Introduction In the landmark case of Director of Public Prosecutions v. Hannaway...