Ireland Case Commentaries

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...

Clarifying the Defence of Provocation: Supreme Court Affirms Its Limitation in Director of Public Prosecutions v. McNamara [2020] IESC 34

Date: Jun 27, 2020

Clarifying the Defence of Provocation: Supreme Court Affirms Its Limitation in Director of Public Prosecutions v. McNamara [2020] IESC 34 Introduction The Supreme Court of Ireland, through the...

Surrender under the European Arrest Warrant Act: Campbell v Minister for Justice and Equality - A Comprehensive Analysis of [2020] IEHC 344

Date: Jun 27, 2020

Surrender under the European Arrest Warrant Act: Campbell v Minister for Justice and Equality - A Comprehensive Analysis of [2020] IEHC 344 Introduction The Minister for Justice and Equality v....

Director of Public Prosecutions v. Almasi: Enhancing Fairness in Criminal Trials through Proper Admissibility of Defense and Evidence Editing

Date: Jun 27, 2020

Director of Public Prosecutions v. Almasi: Enhancing Fairness in Criminal Trials through Proper Admissibility of Defense and Evidence Editing Introduction In the landmark case of Director of Public...

Clarifying the Defence of Provocation in Irish Criminal Law: An Analysis of Director of Public Prosecutions v. McNamara [2020] IESC 34

Date: Jun 27, 2020

Clarifying the Defence of Provocation in Irish Criminal Law: An Analysis of Director of Public Prosecutions v. McNamara [2020] IESC 34 Introduction The Supreme Court of Ireland, in the landmark case...

Reaffirmation of Non-Rateability of Domestic Premises under the Valuation Act 2001: Clarke v. Halpin & Anor [2020] IEHC 317

Date: Jun 27, 2020

Reaffirmation of Non-Rateability of Domestic Premises under the Valuation Act 2001: Clarke v. Halpin & Anor [2020] IEHC 317 Introduction The case of Clarke v. Halpin & Anor [2020] IEHC 317 presents a...

Broad Arbitration Clause Enforced Under UNCITRAL Model Law: High Court Upholds Clause 21 in Narooma Ltd v. Health Service Executive [2020] IEHC 315

Date: Jun 27, 2020

Broad Arbitration Clause Enforced Under UNCITRAL Model Law: High Court Upholds Clause 21 in Narooma Ltd v. Health Service Executive [2020] IEHC 315 Introduction Parties Involved: Plaintiff: Narooma...

Clarke & Ors v. Ireland & Anor (2020) IEHC 716: Upholding Statutory Amendments to Pension Schemes

Date: Jun 26, 2020

Clarke & Ors v. Ireland & Anor (2020) IEHC 716: Upholding Statutory Amendments to Pension Schemes Introduction In the case of Clarke & Ors v. Ireland & Anor ([2020] IEHC 716), the High Court of...

Surrender of Respondent Under the European Arrest Warrant Act 2003: Minister for Justice & Equality v. Zaras

Date: Jun 26, 2020

Surrender of Respondent Under the European Arrest Warrant Act 2003: Minister for Justice & Equality v. Zaras Introduction The case of Minister for Justice & Equality v. Zaras (Approved) ([2020] IEHC...

Affirmation of Surrender Procedure and Recognition of Detention Periods in EAW Framework: Minister for Justice and Equality v. Nicola [2020] IEHC 318

Date: Jun 26, 2020

Affirmation of Surrender Procedure and Recognition of Detention Periods in European Arrest Warrant Framework: Minister for Justice and Equality v. Cristian Nicola [2020] IEHC 318 Introduction The...

Georgina Saunders v. Irish Life Assurance PLC: Upholding the Duty of Disclosure in Life Insurance Contracts

Date: Jun 25, 2020

Georgina Saunders v. Irish Life Assurance PLC: Upholding the Duty of Disclosure in Life Insurance Contracts Introduction The case of Georgina Saunders v. Irish Life Assurance PLC ([2020] IEHC 312)...

Enhanced Scrutiny on Particularization of Claims in Default Judgment Applications: Bank of Ireland v McNeela [2020] IEHC 359

Date: Jun 25, 2020

Enhanced Scrutiny on Particularization of Claims in Default Judgment Applications: Bank of Ireland v McNeela [2020] IEHC 359 Introduction In the case of The Governor and Company of The Bank of...

High Court Rules Industrial Relations (Amendment) Act 2015's Delegation of Law-Making to Minister Unconstitutional under Article 15.2.1°

Date: Jun 24, 2020

High Court Rules Industrial Relations (Amendment) Act 2015's Delegation of Law-Making to Minister Unconstitutional under Article 15.2.1° Introduction The case of Naisiunta Leictreach Contraitheoir...

Transdev Ireland Ltd v. Caplis: Establishing the Bounds of Judicial Review in Unfair Dismissal Appeals

Date: Jun 24, 2020

Transdev Ireland Ltd v. Caplis: Establishing the Bounds of Judicial Review in Unfair Dismissal Appeals Introduction The case of Transdev Ireland Ltd v. Caplis ([2020] IEHC 403) is a pivotal High...

Reaffirmation of Burden of Proof in Debt Claims: Ulster Bank DAC v. McDonagh [2020] IEHC 311

Date: Jun 24, 2020

Reaffirmation of Burden of Proof in Debt Claims: Ulster Bank DAC v. McDonagh [2020] IEHC 311 Introduction Ulster Bank DAC & ors v. McDonagh & ors (No.2) [2020] IEHC 311 is a significant judgment...

Material Contravention of Dublin City Development Plan in Planning Permission: A Judicial Review Analysis

Date: Jun 23, 2020

Material Contravention of Dublin City Development Plan in Planning Permission: A Judicial Review Analysis Introduction The case of O'Neill & Anor v. An Bord Pleanála ([2020] IEHC 356) examines the...

Reaffirming the Conclusiveness of Registered Charges: Insights from Crowley v. Promontoria (Oyster) DAC & Ors [2020] IEHC 309

Date: Jun 23, 2020

Reaffirming the Conclusiveness of Registered Charges: Insights from Crowley v. Promontoria (Oyster) DAC & Ors [2020] IEHC 309 Introduction The case of Crowley v. Promontoria (Oyster) DAC & Ors...

Defining Economic Markets and Abusive Dominance in Ryanair v. Vola: A High Court Commentary

Date: Jun 23, 2020

Defining Economic Markets and Abusive Dominance in Ryanair v. Vola: A High Court Commentary Introduction The case of Ryanair DAC v. SC Vola.RO SRL & Anor (Approved) ([2020] IEHC 308) adjudicated by...

Enhanced Judicial Framework for International Tax Information Exchange: Analysis of O'Sullivan v. A Company (No.1) [2020] IEHC 335

Date: Jun 23, 2020

Enhanced Judicial Framework for International Tax Information Exchange: Analysis of O'Sullivan v. A Company (No.1) [2020] IEHC 335 Introduction The case of O'Sullivan v. A Company (No.1) ([2020] IEHC...

Judicial Restraint on Notice Parties Following Board’s Concession: Protect East Meath Ltd v. An Bord Pleanála [2020] IEHC 294

Date: Jun 20, 2020

Judicial Restraint on Notice Parties Following Board’s Concession: Protect East Meath Ltd v. An Bord Pleanála [2020] IEHC 294 Introduction Protect East Meath Limited (the Applicant) sought a judicial...