Ireland Case Commentaries

Upholding Civil Liability Amidst Criminal Wrongdoing: A Comprehensive Analysis of Defender Ltd v. HSBC France [2020] IESC 37

Date: Jul 4, 2020

Upholding Civil Liability Amidst Criminal Wrongdoing: A Comprehensive Analysis of Defender Ltd v. HSBC France [2020] IESC 37 Introduction Defender Ltd v. HSBC France (Approved) ([2020] IESC 37) is a...

Procedural Delay and the Exclusionary Rule: Insights from Brassil v. DPP ([2020] IEHC 328)

Date: Jul 4, 2020

Procedural Delay and the Exclusionary Rule: Insights from Brassil v. Director of Public Prosecutions ([2020] IEHC 328) Introduction Brassil v. Director of Public Prosecutions (Approved) ([2020] IEHC...

Defender Ltd v. HSBC France: Pioneering Interpretation of Concurrent Wrongdoers under the Civil Liability Act

Date: Jul 4, 2020

Defender Ltd v. HSBC France: Pioneering Interpretation of Concurrent Wrongdoers under the Civil Liability Act Introduction Defender Ltd v. HSBC France is a landmark judgment delivered by the Supreme...

Reaffirming the Equal Weight of Criminal and Tortious Liability Under the Civil Liability Act 1961: Defender Ltd v. HSBC France [2020] IESC 37

Date: Jul 4, 2020

Reaffirming the Equal Weight of Criminal and Tortious Liability Under the Civil Liability Act 1961 1. Introduction The case of Defender Ltd v. HSBC France (Approved) ([2020] IESC 37) was adjudicated...

Cost Allocation in Interlocutory Injunctions: A New Precedent Set in O'Donovan v. Over-C Technology Ltd [2020] IEHC 327

Date: Jul 4, 2020

Cost Allocation in Interlocutory Injunctions: A New Precedent Set in O'Donovan v. Over-C Technology Ltd [2020] IEHC 327 Introduction The case of Donal O’Donovan v. Over-C Technology Ltd & anor...

Exclusive Ownership and Protection of Trade Marks: High Court's Ruling in Fried v. Fried [2020] IEHC 324

Date: Jul 3, 2020

Exclusive Ownership and Protection of Trade Marks: High Court's Ruling in Fried v. Fried [2020] IEHC 324 Introduction In the High Court of Ireland case Fried v. Fried [2020] IEHC 324, Philip Fried...

High Court Dismisses Shareholder Dispute Claims on Grounds of Mootness: Blackrock Medical Partners Ltd & Anor v Galway Clinic Doughiska Ltd & Anor [2020] IEHC 323

Date: Jul 3, 2020

High Court Dismisses Shareholder Dispute Claims on Grounds of Mootness: Blackrock Medical Partners Ltd & Anor v Galway Clinic Doughiska Ltd & Anor [2020] IEHC 323 Introduction The case of Blackrock...

Fried v. Fried: High Court Establishes Expanded Jurisdiction Under Section 212 of the Companies Act 2014

Date: Jul 3, 2020

Fried v. Fried: High Court Establishes Expanded Jurisdiction Under Section 212 of the Companies Act 2014 Introduction Fried v. Fried (Approved) ([2019] IEHC 325) is a significant judgment delivered...

Adams v. British Broadcasting Corporation: Establishing Standards for Defamation Defences in Irish Law

Date: Jul 2, 2020

Adams v. British Broadcasting Corporation: Establishing Standards for Defamation Defences in Irish Law Introduction The case of Adams v. British Broadcasting Corporation (Approved) ([2020] IEHC 441)...

Establishing Exceptionality in Substitute Consent Procedures: A Comprehensive Analysis of An Taisce v An Bord Pleanála & Ors

Date: Jul 2, 2020

Establishing Exceptionality in Substitute Consent Procedures: A Comprehensive Analysis of An Taisce v An Bord Pleanála & Ors Introduction The landmark case of An Taisce v An Bord Pleanála, An Taisce...

Scope of Discovery in Patent Litigation: Insights from Evalve Inc. & ors v. Edwards Lifesciences Ireland Ltd & ors [2020] IEHC 321

Date: Jul 2, 2020

Scope of Discovery in Patent Litigation: Insights from Evalve Inc. & Ors v. Edwards Lifesciences Ireland Ltd & Ors [2020] IEHC 321 Introduction The case of Evalve Inc. & ors v. Edwards Lifesciences...

Redmond v. An Bord Pleanála: Reinforcing Public Participation in Strategic Housing Developments

Date: Jul 2, 2020

Redmond v. An Bord Pleanála: Reinforcing Public Participation in Strategic Housing Developments Introduction Redmond v. An Bord Pleanála ([2020] IEHC 322) is a significant judicial review case from...

Direct Appeal Restrictions under the 33rd Amendment: Analysis of Kavanagh v. Caretaker Government of Ireland & anor (2020)

Date: Jul 2, 2020

Direct Appeal Restrictions under the 33rd Amendment: Analysis of Kavanagh v. Caretaker Government of Ireland & anor (2020) Introduction The Supreme Court case Kavanagh v. Caretaker Government of...

Supreme Court Upholds Established Sentencing Principles in DPP v. O'Reilly

Date: Jul 1, 2020

Supreme Court Upholds Established Sentencing Principles in DPP v. O'Reilly Introduction In the landmark case of Director of Public Prosecutions v. O'Reilly (2020_IESCDET_75), the Supreme Court of...

Supreme Court Upholds Strict Criteria for Granting Leave to Appeal: Director of Public Prosecutions v. O'Donoghue

Date: Jul 1, 2020

Supreme Court Upholds Strict Criteria for Granting Leave to Appeal: Director of Public Prosecutions v. O'Donoghue Introduction In the landmark case of Director of Public Prosecutions v. O'Donoghue...

Supreme Court Refusal of Leave to Appeal in Director of Public Prosecutions v. O'Donoghue: Reinforcing Constitutional Criteria Post-33rd Amendment

Date: Jul 1, 2020

Supreme Court Refusal of Leave to Appeal in Director of Public Prosecutions v. O'Donoghue: Reinforcing Constitutional Criteria Post-33rd Amendment Introduction The Supreme Court of Ireland, in the...

Sheehan v. Breccia: High Court Endorses Deduction of Estimated Contractual Enforcement Costs in Redemption Calculations

Date: Jul 1, 2020

Sheehan v. Breccia: High Court Endorses Deduction of Estimated Contractual Enforcement Costs in Redemption Calculations Introduction The case of Sheehan v. Breccia & ORS. ([2020] IEHC 320)...

Establishing Thresholds for Interlocutory Injunctions in Employment Promotion Disputes: Madden v. Louth County Council

Date: Jul 1, 2020

Establishing Thresholds for Interlocutory Injunctions in Employment Promotion Disputes: Madden v. Louth County Council Introduction The case of Madden v. Louth County Council ([2020] IEHC 319)...

Reaffirmation of Constitutional Composition: Seanad Éireann Requires Full Membership as per Article 18.1

Date: Jun 30, 2020

Reaffirmation of Constitutional Composition: Seanad Éireann Requires Full Membership as per Article 18.1 Introduction The case of Senator Ivana Bacik & ors v. An Taoiseach & ors ([2020] IEHC 313)...

Supreme Court Refuses Leave to Appeal in Spamat S R L v. The Owners of M/V Almirante Storni

Date: Jun 30, 2020

Supreme Court Refuses Leave to Appeal in Spamat S R L v. The Owners of M/V Almirante Storni Introduction The case of Spamat S R L v. The Owners and all persons claiming an interest in the M/V...