Ireland Case Commentaries

Watchful Waiting and Safety-Netting in Suspected Paediatric Appendicitis: No “Mandatory Referral” Where GP Acts with Ordinary Care

Date: Feb 12, 2026

Watchful Waiting and Safety-Netting in Suspected Paediatric Appendicitis: No “Mandatory Referral” Where GP Acts with Ordinary Care 1) Introduction Afolabi v Southdoc Services Ltd and Anor (Approved)...

Section 811 “Relief Exclusion” Requires Objective Purpose-and-Misuse Analysis (No “Positive Obligation” on Taxpayer) and Proper Reasons on Expert Evidence

Date: Feb 11, 2026

Section 811 “Relief Exclusion” Requires Objective Purpose-and-Misuse Analysis (No “Positive Obligation” on Taxpayer) and Proper Reasons on Expert Evidence 1) Introduction Hegarty v The Revenue...

Leave-to-Appeal Cannot Be Used to Pivot to New Grounds: s.16(2)(f) Applies to All Subleases (Residential and Commercial)

Date: Feb 11, 2026

Leave-to-Appeal Cannot Be Used to Pivot to New Grounds: s.16(2)(f) Applies to All Subleases (Residential and Commercial) 1) Introduction Crowley & Anor v Sheehan & Anor ([2026] IESC 6) is a Supreme...

Section 15(1) “Consistency” as an Enforceable Climate Duty in Planning: No “Traffic-Light Presumption”, but a Mandatory Substantive Engagement with Material-Contravention Powers

Date: Feb 11, 2026

Section 15(1) “Consistency” as an Enforceable Climate Duty in Planning: No “Traffic-Light Presumption”, but a Mandatory Substantive Engagement with Material-Contravention Powers Case: Coolglass Wind...

Student Anonymity in Judicial Review: “Very Clear Interests” and “Pressing Circumstances” Required, with Temporary Restrictions Only to Preserve Appeal Rights

Date: Feb 11, 2026

Student Anonymity in Judicial Review: “Very Clear Interests” and “Pressing Circumstances” Required, with Temporary Restrictions Only to Preserve Appeal Rights 1) Introduction Student A v Trinity...

Presumption of Revocation Does Not Arise Where It Is Not Proven the Missing Original Will Ever Reached the Testator

Date: Feb 11, 2026

Presumption of Revocation Does Not Arise Where It Is Not Proven the Missing Original Will Ever Reached the Testator Case: Eastwood (In Their Capacity as Executors Named in the Last Will and Testament...

Section 11(1A)(f) EAW Clarity: Ordinary-Meaning, Act-Based Assessment Suffices; No Indictment-Level Narrative Required

Date: Feb 11, 2026

Section 11(1A)(f) EAW Clarity: Ordinary-Meaning, Act-Based Assessment Suffices; No Indictment-Level Narrative Required 1) Introduction Minister For Justice, Home Affairs and Migration v Tudor...

SEA “Framework” and Non-Binding ‘Have-Regard’ Guidance: Acte Clair Exclusion and a Standalone Aarhus/Kyiv Interpretive Question in CJEU References

Date: Feb 11, 2026

SEA “Framework” and Non-Binding ‘Have-Regard’ Guidance: Acte Clair Exclusion and a Standalone Aarhus/Kyiv Interpretive Question in CJEU References 1. Introduction McDonald and Ors v Minister for...

Registered Title Finality and the Limits of Interlocutory Relief After a Completed Mortgagee Sale

Date: Feb 11, 2026

Registered Title Finality and the Limits of Interlocutory Relief After a Completed Mortgagee Sale Case: O'Flaherty & Ors v Permanent TSB Public Ltd Company & Ors [2026] IEHC 74 (High Court, O’Connell...

Section 64A “Slip Rule” Can Excuse an Apparent Missing Landlord Signature Where the Notice Is Otherwise Compliant and Not Materially Prejudiced

Date: Feb 11, 2026

Section 64A “Slip Rule” Can Excuse an Apparent Missing Landlord Signature Where the Notice Is Otherwise Compliant and Not Materially Prejudiced 1) Introduction Maria Ulemu Chimwala v The Residential...

Order 19 r.28 (2023) Strike-Out: Codified “Bound to Fail” Test and Plain Limitation Defences

Date: Feb 10, 2026

Order 19 r.28 (2023) Strike-Out: Codified “Bound to Fail” Test and Plain Limitation Defences 1) Introduction Hickey v Howley and Ors [2026] IEHC 113 is a High Court ruling (Jackson J., 9 February...

Section 15 Sale Orders for Closely-Held Company Shares: Co-operation Duties, Neutral Oversight, and Conditional Escalation to Share Transfer

Date: Feb 7, 2026

Section 15 Sale Orders for Closely-Held Company Shares: Co-operation Duties, Neutral Oversight, and Conditional Escalation to Share Transfer 1. Introduction A.B. v C.B. (proper provision; sale of...

Compatibility of Rebutting the “Safe Country of Origin” Presumption with a Finding of Effective State Protection (and the High Threshold for COI “Cherry-Picking” Challenges)

Date: Feb 6, 2026

Compatibility of Rebutting the “Safe Country of Origin” Presumption with a Finding of Effective State Protection (and the High Threshold for COI “Cherry-Picking” Challenges) 1) Introduction A.B. v...

Chief Executive’s Summary as Sufficient “Consideration” of Public Submissions in Section 31 Ministerial Directions

Date: Feb 5, 2026

Chief Executive’s Summary as Sufficient “Consideration” of Public Submissions in Section 31 Ministerial Directions Case: Duffy v The Minister For Housing, Local Government and Heritage and Anor...

Special Grades Do Not Confer Immunity from Workload Monitoring: Academic Judgment Governs Remediation and Progression

Date: Feb 5, 2026

Special Grades Do Not Confer Immunity from Workload Monitoring: Academic Judgment Governs Remediation and Progression 1) Introduction MM v A University (Approved) [2026] IEHC 57 is a High Court...

Mandamus in Naturalisation Delays: Waiting for External Background Checks Is Not “Egregious Delay” Tantamount to Refusal

Date: Feb 5, 2026

Mandamus in Naturalisation Delays: Waiting for External Background Checks Is Not “Egregious Delay” Tantamount to Refusal Case: MJ v The Minister For Justice; AA v. The Minister For Justice [2026]...

Advance “Relocation Consent” in Hague Cases Must Be Clear, Objective, and Operative at the Date of Removal

Date: Feb 5, 2026

Advance “Relocation Consent” in Hague Cases Must Be Clear, Objective, and Operative at the Date of Removal Case: G v G (Child Abduction: consent; grave risk) (Approved) Citation: [2026] IEHC 45 (High...

C v D [2026] IEHC 47 — Grave Risk Under Article 13(b) May Be Grounded on a Single Serious Boundary-Breach, Absent Immediate, Evidenced and Enforceable Safeguards

Date: Feb 4, 2026

C v D (Approved) [2026] IEHC 47 — Grave Risk Under Article 13(b) May Be Grounded on a Single Serious Boundary-Breach, Absent Immediate, Evidenced and Enforceable Safeguards 1) Introduction This High...

Deportation stays pending Supreme Court leave: custody and imminent statutory detention limits are not “special prejudice” absent concrete evidence

Date: Feb 4, 2026

Deportation stays pending Supreme Court leave: custody and imminent statutory detention limits are not “special prejudice” absent concrete evidence 1. Introduction A.M.A. v The Minister For Justice,...

Acceptance Must Be Communicated by Return/Exchange of Executed Contract Where “Subject to Contract / Contract Denied” and “Exchange” Is Stipulated

Date: Feb 4, 2026

Acceptance Must Be Communicated by Return/Exchange of Executed Contract Where “Subject to Contract / Contract Denied” and “Exchange” Is Stipulated 1) Introduction Outeniqua Ltd v Buckley and O'Neill,...