Ireland Case Commentaries

Director Disqualification under Section 819 of the Companies Act 2014: Insights from Winning Ways Ltd v. Companies Acts (Approved) ([2020] IEHC 264)

Date: Jun 3, 2020

Director Disqualification under Section 819 of the Companies Act 2014: Insights from Winning Ways Ltd v. Companies Acts (Approved) ([2020] IEHC 264) Introduction The case of Winning Ways Ltd v....

The Davy Platform ICAV v. O'Sullivan & Anor (2020) IEHC 273: Upholding Property Rights through the Land Register Conclusiveness

Date: Jun 3, 2020

The Davy Platform ICAV v. O'Sullivan & Anor (2020) IEHC 273: Upholding Property Rights through the Land Register Conclusiveness Introduction The case of The Davy Platform ICAV v. O'Sullivan & Anor...

High Court Reaffirms Strict Criteria for Abuse of Process in Interlocutory Injunctions

Date: Jun 3, 2020

High Court Reaffirms Strict Criteria for Abuse of Process in Interlocutory Injunctions Introduction The case Evalve Inc & Ors v. Edwards Lifesciences Ireland Ltd & Ors ([2020] IEHC 266) was...

Establishing Duty of Care in Psychiatric Injuries: Harford v. Electricity Supply Board ([2020] IEHC 572)

Date: Jun 3, 2020

Establishing Duty of Care in Psychiatric Injuries: Harford v. Electricity Supply Board ([2020] IEHC 572) Disclaimer: This commentary is intended for informational purposes only and does not...

Safeguarding Human Rights in Extradition: High Court's Assessment in Minister for Justice and Equality v. Iancu

Date: Jun 2, 2020

Safeguarding Human Rights in Extradition: High Court's Assessment in Minister for Justice and Equality v. Iancu Introduction The case of Minister for Justice and Equality v. Iancu (Approved) ([2020]...

Right to Social Assistance for Dependent Family Members of EU Workers: Voican v. Chief Appeals Officer Establishes New Precedent

Date: May 30, 2020

Right to Social Assistance for Dependent Family Members of EU Workers: Voican v. Chief Appeals Officer Establishes New Precedent Introduction The case of Voican v. Chief Appeals Officer, Social...

Interpretation of Settlement Agreements and Limitations on Inherent Jurisdiction to Strike Out: BGB Property Holdings Ltd & ors v. Tifco Ltd [2020] IEHC 314

Date: May 30, 2020

Interpretation of Settlement Agreements and Limitations on Inherent Jurisdiction to Strike Out: BGB Property Holdings Ltd & ors v. Tifco Ltd [2020] IEHC 314 Introduction The case of BGB Property...

Kavanagh v. An Bord Pleanala: Clarifying EIA Exemptions for Solar Farms under Irish Planning Law

Date: May 30, 2020

Kavanagh v. An Bord Pleanala: Clarifying EIA Exemptions for Solar Farms under Irish Planning Law Introduction The case of Kavanagh v. An Bord Pleanala & Ors ([2020] IEHC 259) addresses crucial...

Allocating Costs in Security for Costs Motions: Insights from 3V Benelux BV v. Safecharge Card Services Ltd (Unapproved) [2020] IEHC 277

Date: May 30, 2020

Allocating Costs in Security for Costs Motions: Insights from 3V Benelux BV v. Safecharge Card Services Ltd (Unapproved) [2020] IEHC 277 Introduction The case of 3V Benelux BV v. Safecharge Card...

Broadening 'Use of Vehicle' in Motor Insurance: High Court Affirmation in Mongan v. MIBI

Date: May 30, 2020

Broadening 'Use of Vehicle' in Motor Insurance: High Court Affirmation in Mongan v. MIBI Introduction The case of Gerard Mongan v. Martin Mongan & The Motor Insurers’ Bureau of Ireland (MIBI) ([2020]...

Director of Public Prosecutions v. T.N. (Approved) - Defining Managerial Liability under the Waste Management Act

Date: May 29, 2020

Director of Public Prosecutions v. T.N. (Approved) - Defining Managerial Liability under the Waste Management Act Introduction The Supreme Court of Ireland, in the case of Director of Public...

Design Features Ltd v. Goldstein Property ICAV: Upholding Tenant Rights in Access Disputes

Date: May 28, 2020

Design Features Ltd v. Goldstein Property ICAV: Upholding Tenant Rights in Access Disputes Introduction Design Features Ltd v. Goldstein Property ICAV & Ors (Approved) ([2020] IEHC 265) is a...

Sheehan v. Breccia [2020] IEHC 256: Establishing the Integrity of Loan Sale Procedures and Counterclaims for Outstanding Obligations

Date: May 28, 2020

Sheehan v. Breccia [2020] IEHC 256: Establishing the Integrity of Loan Sale Procedures and Counterclaims for Outstanding Obligations Introduction Sheehan v. Breccia (Approved) ([2020] IEHC 256) is a...

Clarifying the Application of Section 71 of the Statute of Limitations Act 1957 in Misrepresentation Cases: Insights from Buttimer v Bank of Scotland PLC [2020] IEHC 439

Date: May 27, 2020

Clarifying the Application of Section 71 of the Statute of Limitations Act 1957 in Misrepresentation Cases: Insights from Buttimer v Bank of Scotland PLC [2020] IEHC 439 Introduction In the High...

Strict Interpretation of Section 194 of the NAMA Act: Implications from O'Donoghue v. Martin & anor [2020] IEHC 297

Date: May 27, 2020

Strict Interpretation of Section 194 of the NAMA Act: Implications from O'Donoghue v. Martin & anor [2020] IEHC 297 Introduction O'Donoghue v. Martin & anor (Approved) [2020] IEHC 297 is a...

Impact of Prosecutorial Delay on Juvenile Offenders: Dos Santos v. Director of Public Prosecutions [2020] IEHC 252

Date: May 27, 2020

Impact of Prosecutorial Delay on Juvenile Offenders: Dos Santos v. Director of Public Prosecutions [2020] IEHC 252 Introduction Dos Santos v. Director of Public Prosecutions ([2020] IEHC 252) is a...

Equitable Mortgages and Trustee Act 1893: Insights from Promontoria Scariff DAC v Smith

Date: May 27, 2020

Equitable Mortgages and Trustee Act 1893: Insights from Promontoria Scariff DAC v Smith Introduction The case of Promontoria Scariff DAC v Smith ([2022] IEHC 720), adjudicated by the High Court of...

Cost Allocations in Judicial Proceedings Involving Injunctive Relief: Insights from B v. St Q’s College [2020] IEHC 271

Date: May 27, 2020

Cost Allocations in Judicial Proceedings Involving Injunctive Relief: Insights from B v. St Q’s College [2020] IEHC 271 Introduction The case of B (A Minor Suing by His Mother and Next Friend X) v....

Mandatory Compliance in European Arrest Warrants: Insights from Minister for Justice and Equality v. Mednyanszki

Date: May 26, 2020

Mandatory Compliance in European Arrest Warrants: Insights from Minister for Justice and Equality v. Mednyanszki Introduction The case Minister for Justice and Equality v. Mednyanszki (Approved)...

Reinforcing the Relevance Test in Discovery: Nolan & ors v. Dildar Ltd & ors [2020] IEHC 244

Date: May 23, 2020

Reinforcing the Relevance Test in Discovery: Nolan & ors v. Dildar Ltd & ors [2020] IEHC 244 Introduction Nolan & ors v. Dildar Ltd & ors ([2020] IEHC 244) is a significant judgment delivered by Mr....