Ireland Case Commentaries

O’Murthuile v ABP and Ors (Approved) — “Evinced Intention” as the Unifying Test for Abandonment of Residential Use (and the Limits of s.50A(7) Certification)

Date: Feb 4, 2026

“Evinced Intention” as the Unifying Test for Abandonment of Residential Use (and the Limits of s.50A(7) Certification) Case: O'Murthuile v ABP and Ors (Approved) | Citation: [2026] IEHC 36 | Court:...

Fair-Procedure Minimum Disclosure in Airport Security Clearance Appeals

Date: Feb 3, 2026

Fair-Procedure Minimum Disclosure in Airport Security Clearance Appeals: An “Appeal in Name Only” Where Non-Sensitive Reasons Are Withheld 1) Introduction Doyle v The Commissioner of An Garda...

Section 542 TCA: A “Conditional Contract” Exists Only Where No Obligation to Dispose/Acquire Arises Until the Condition Is Satisfied

Date: Feb 3, 2026

Section 542 TCA: A “Conditional Contract” Exists Only Where No Obligation to Dispose/Acquire Arises Until the Condition Is Satisfied 1. Introduction Flaherty v Revenue Commissioner ([2026] IESC 4) is...

Finality of Want-of-Prosecution Decisions: Later Supreme Court Restatements Do Not Permit High Court “Do-Overs”

Date: Feb 3, 2026

Finality of Want-of-Prosecution Decisions: Later Supreme Court Restatements Do Not Permit High Court “Do-Overs” Case: Charleton and Anor v Scriven (Approved) Citation: [2026] IEHC 41 Court: High...

Exchequer-Funded Disability Care Premises Are Rate-Exempt: “Defrayed out of moneys provided” is Source-Based and “Wholly or Mainly” Means “For All Intents and Purposes”

Date: Feb 3, 2026

Exchequer-Funded Disability Care Premises Are Rate-Exempt: “Defrayed out of moneys provided” is Source-Based and “Wholly or Mainly” Means “For All Intents and Purposes” Case: Redwood Extended Care...

Late Withdrawal of Opposition to Pleading Amendments: Opponent May Bear the Majority of Motion Costs, with Full Consequential Costs Preserved

Date: Jan 31, 2026

Late Withdrawal of Opposition to Pleading Amendments: Opponent May Bear the Majority of Motion Costs, with Full Consequential Costs Preserved 1) Introduction Hgreit II Montrose OPCO LLC and Anor v...

Plenary Summons Permitted Where Damages Include Trespass to the Person, Despite PIAB Authorisation Requirement

Date: Jan 31, 2026

Plenary Summons Permitted Where Damages Include Trespass to the Person, Despite PIAB Authorisation Requirement Case: St. John Harrington v O'Connor (Approved) Citation: [2026] IEHC 52 Court: High...

Operative Tribunal Terms Prevail Over Recital Definitions & JR Time Runs from First Final Adverse Decision

Date: Jan 31, 2026

Operative Tribunal Terms Prevail Over Recital Definitions & JR Time Runs from First Final Adverse Decision 1) Introduction In O'Brien v Tribunal Of Inquiry Into Issues Relating To The Complaints...

Linked Protection Claims: Different Outcomes Justified by Divergent Credibility Findings and COI Scope

Date: Jan 30, 2026

Linked Protection Claims: Different Outcomes Justified by Divergent Credibility Findings and COI Scope 1. Introduction In L.A. v The International Protection Appeals Tribunal and Anor (Approved)...

High Court Reaffirms the “Irremediable Flaw” Threshold for Injuncting Early-Stage University Disciplinary Processes

Date: Jan 29, 2026

High Court Reaffirms the “Irremediable Flaw” Threshold for Injuncting Early-Stage University Disciplinary Processes Case: Khimji v University College Dublin [2026] IEHC 55 Court/Date: High Court...

Cumulative Delay Can Justify Strike-Out Even Without Two Years’ Immediate Inactivity (Order 122, r. 11 RSC)

Date: Jan 29, 2026

Cumulative Delay Can Justify Strike-Out Even Without Two Years’ Immediate Inactivity (Order 122, r. 11 RSC) 1. Introduction This High Court judgment (O’Donnell J., 22 December 2025) concerns a...

Mandamus and Resource Pleas: Courts Must Give Real Effect to Unqualified Statutory Duties

Date: Jan 28, 2026

Mandamus and Resource Pleas: Courts Must Give Real Effect to Unqualified Statutory Duties 1. Introduction Protect East Meath Ltd v Meath County Council concerns whether the High Court ought to have...

In Personam Nationwide Isaac Wunder Orders in the Circuit/District Courts, but No In Rem (General) Nationwide Restraints

Date: Jan 28, 2026

In Personam Nationwide Isaac Wunder Orders in the Circuit/District Courts, but No In Rem (General) Nationwide Restraints 1. Introduction M v M (Approved) (Supreme Court of Ireland, 23 January 2026;...

Isaac Wunder Orders in Family Law: Proportionate Restraint of Vexatious “Lawfare” and Supervisory Control Over Lower-Court Proceedings

Date: Jan 28, 2026

Isaac Wunder Orders in Family Law: Proportionate Restraint of Vexatious “Lawfare” and Supervisory Control Over Lower-Court Proceedings 1. Introduction M v M (Approved) [2026] IESC 2 concerns the...

Practice Direction CA 14 as a Gateway to the Greendale Jurisdiction: Finality, Recusal, and the High Threshold for Reopening Court of Appeal Orders

Date: Jan 28, 2026

Practice Direction CA 14 as a Gateway to the Greendale Jurisdiction: Finality, Recusal, and the High Threshold for Reopening Court of Appeal Orders Case: A G v The Director of Public Prosecutions...

Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional)

Date: Jan 28, 2026

Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional) Case: Protect East Meath Ltd v Meath County Council Court: Supreme Court of Ireland...

Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme)

Date: Jan 28, 2026

Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme) 1. Introduction Rogers v The...

Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2)

Date: Jan 28, 2026

Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2) 1. Introduction Gradual Investments Limited v Conor Clarkson (Re: Clarkson [A Bankrupt]...

Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009)

Date: Jan 28, 2026

Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009) Case: Goldstein Property ICAV v RELM Loan Opportunities 2...

POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal

Date: Jan 28, 2026

POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal Case: Criminal Assets Bureau v Humphreys (Approved) [2026] IEHC 20 Court: High...