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  • Commentaries

Ireland Case Commentaries

Refusal to Consolidate Proceedings in O'Donoghue v O'Donoghue: Implications for Joint Asset Disputes

Refusal to Consolidate Proceedings in O'Donoghue v O'Donoghue: Implications for Joint Asset Disputes

Date: Dec 4, 2024
Refusal to Consolidate Proceedings in O'Donoghue v O'Donoghue: Implications for Joint Asset Disputes Introduction The High Court of Ireland delivered a significant judgment in the case of O'Donoghue...
Affirming Section 317 Revision as an Adequate Alternative Remedy: L v Chief Appeals Officer & Ors ([2024] IEHC 675)

Affirming Section 317 Revision as an Adequate Alternative Remedy: L v Chief Appeals Officer & Ors ([2024] IEHC 675)

Date: Dec 4, 2024
Affirming Section 317 Revision as an Adequate Alternative Remedy: L v Chief Appeals Officer & Ors ([2024] IEHC 675) Introduction The High Court of Ireland, in the case of L v Chief Appeals Officer &...
Judicial Review in Social Welfare Appeals: Establishing the Adequacy of Revision Mechanisms

Judicial Review in Social Welfare Appeals: Establishing the Adequacy of Revision Mechanisms

Date: Dec 4, 2024
Judicial Review in Social Welfare Appeals: Establishing the Adequacy of Revision Mechanisms Introduction The case of H v Chief Appeals Officer & Ors (Approved) ([2024] IEHC 676) addressed critical...
FZ v Minister for Justice: Upholding Scheme Eligibility Criteria Against Discrimination Claims

FZ v Minister for Justice: Upholding Scheme Eligibility Criteria Against Discrimination Claims

Date: Dec 4, 2024
FZ v Minister for Justice: Upholding Scheme Eligibility Criteria Against Discrimination Claims Introduction In the High Court of Ireland case FZ v Minister for Justice (Approved) ([2024] IEHC 683),...
Partial Striking Out of Claims under Order 19 Rule 28: Cinnéide v An taird-aighne [2024] IEHC 682

Partial Striking Out of Claims under Order 19 Rule 28: Cinnéide v An taird-aighne [2024] IEHC 682

Date: Dec 4, 2024
Partial Striking Out of Claims under Order 19 Rule 28: Cinnéide v An taird-aighne [2024] IEHC 682 Introduction The case Cinnéide & Ors v An taird-aighne & Ors ([2024] IEHC 682) before the High Court...
Safeguarding Patients Under Inherent Jurisdiction: Analysis of Master Misericordiae University Hospital v CBA ([2024] IEHC 698)

Safeguarding Patients Under Inherent Jurisdiction: Analysis of Master Misericordiae University Hospital v CBA ([2024] IEHC 698)

Date: Dec 4, 2024
Safeguarding Patients Under Inherent Jurisdiction: Analysis of Master Misericordiae University Hospital v CBA ([2024] IEHC 698) Introduction The case of Master Misericordiae University Hospital v CBA...
High Court of Ireland Establishes Procedural Norms for Challenging Official Assignee Appointments in Bankruptcy Proceedings

High Court of Ireland Establishes Procedural Norms for Challenging Official Assignee Appointments in Bankruptcy Proceedings

Date: Dec 4, 2024
High Court of Ireland Establishes Procedural Norms for Challenging Official Assignee Appointments in Bankruptcy Proceedings Introduction The case of Sean Dunne v. Michael Ian Larkin Official Assignee...
Fraudulent Conveyance at Gross Undervalue under Section 74(3) LCLA 2009: AIB Mortgage Bank UC & Anor v Burke & Ors

Fraudulent Conveyance at Gross Undervalue under Section 74(3) LCLA 2009: AIB Mortgage Bank UC & Anor v Burke & Ors

Date: Dec 4, 2024
Fraudulent Conveyance at Gross Undervalue under Section 74(3) LCLA 2009 Introduction This commentary examines the High Court of Ireland’s decision in AIB Mortgage Bank UC & Anor v Burke & Ors [2024]...
High Court Affirmation of Creditor Status: City Quarter Capital II PLC v Companies Act 2014 [No. 2]

High Court Affirmation of Creditor Status: City Quarter Capital II PLC v Companies Act 2014 [No. 2]

Date: Dec 3, 2024
High Court Affirmation of Creditor Status: City Quarter Capital II PLC v Companies Act 2014 [No. 2] Introduction The High Court of Ireland delivered a significant judgment on December 2, 2024, in the...
A v Health Service Executive & Anor (Approved) ([2024] IEHC 747) - Comprehensive Commentary

A v Health Service Executive & Anor (Approved) ([2024] IEHC 747) - Comprehensive Commentary

Date: Nov 30, 2024
Litigation Restriction in Medical Negligence: A v Health Service Executive & Anor ([2024] IEHC 747) 1. Introduction The case A v Health Service Executive & Anor ([2024] IEHC 747) adjudicated by the...
Kelly v Residential Tenancies Board [2024]: High Court Affirms RTB's Interpretation of Landlord's Intention to Sell under Residential Tenancies Act 2004

Kelly v Residential Tenancies Board [2024]: High Court Affirms RTB's Interpretation of Landlord's Intention to Sell under Residential Tenancies Act 2004

Date: Nov 29, 2024
Kelly v Residential Tenancies Board [2024]: High Court Affirms RTB's Interpretation of Landlord's Intention to Sell under Residential Tenancies Act 2004 Introduction The case of Kelly v Residential...
Ryanair DAC v Reddy & Ors [2024] IEHC 719: Implied Employment Contracts and Insurability Under the Social Welfare Act 2005

Ryanair DAC v Reddy & Ors [2024] IEHC 719: Implied Employment Contracts and Insurability Under the Social Welfare Act 2005

Date: Nov 27, 2024
Ryanair DAC v Reddy & Ors [2024] IEHC 719: Implied Employment Contracts and Insurability Under the Social Welfare Act 2005 Introduction Ryanair DAC v Reddy & Ors [2024] IEHC 719 is a landmark...
Beyond the Written Contract: High Court Clarifies Fiduciary Obligations of Senior Executives Acting for “Associated” Companies

Beyond the Written Contract: High Court Clarifies Fiduciary Obligations of Senior Executives Acting for “Associated” Companies

Date: Nov 27, 2024
Beyond the Written Contract: High Court Clarifies Fiduciary Obligations of Senior Executives Acting for “Associated” Companies 1. Introduction In Victoria Hall Management Ltd & Ors v Cox & Ors [2024]...
“Who Said What?” – The High Court Confirms a Mandatory Duty to List Submission-Makers in Chief Executive Reports

“Who Said What?” – The High Court Confirms a Mandatory Duty to List Submission-Makers in Chief Executive Reports

Date: Nov 27, 2024
“Who Said What?” – The High Court Confirms a Mandatory Duty to List Submission-Makers in Chief Executive Reports 1. Introduction In Pat O’Donnell & Company v Dublin City Council & Uniphar Plc ([2024]...
Clarifying Clawback Calculations in Personal Insolvency Arrangements: Roache v Start Mortgages DAC [2024] IEHC 666

Clarifying Clawback Calculations in Personal Insolvency Arrangements: Roache v Start Mortgages DAC [2024] IEHC 666

Date: Nov 26, 2024
Clarifying Clawback Calculations in Personal Insolvency Arrangements: Roache v Start Mortgages DAC [2024] IEHC 666 Introduction The case of Roache & Anor v Start Mortgages DAC (Approved) ([2024] IEHC...
Priority of Solicitor's Charges Over Estate Assets: Insights from Naylor v Maher [2024] IEHC 667

Priority of Solicitor's Charges Over Estate Assets: Insights from Naylor v Maher [2024] IEHC 667

Date: Nov 26, 2024
Priority of Solicitor's Charges Over Estate Assets: Insights from Naylor v Maher [2024] IEHC 667 Introduction The case of Naylor [Otherwise Hoare] v Maher (Approved) ([2024] IEHC 667) adjudicated by...
Limitations on Collateral Challenges to Planning Orders: Murray & Anor v Meath County Council (2024) IEHC 658

Limitations on Collateral Challenges to Planning Orders: Murray & Anor v Meath County Council (2024) IEHC 658

Date: Nov 26, 2024
Limitations on Collateral Challenges to Planning Orders Murray & Anor v Meath County Council (2024) IEHC 658 Introduction The case of Murray & Anor v Meath County Council ([2024] IEHC 658)...
Re Quinn v Succession Act 1965: Establishing the Precedent for Admitting Reconstructed Wills in Probate

Re Quinn v Succession Act 1965: Establishing the Precedent for Admitting Reconstructed Wills in Probate

Date: Nov 26, 2024
Re Quinn v Succession Act 1965: Establishing the Precedent for Admitting Reconstructed Wills in Probate Introduction The case of In the matter of the estate of Patrick Quinn v Succession Act 1965...
Priority of Executor's Costs in Insolvent Estates: Gilvarry v Naylor [2024] IEHC 668

Priority of Executor's Costs in Insolvent Estates: Gilvarry v Naylor [2024] IEHC 668

Date: Nov 26, 2024
Priority of Executor's Costs in Insolvent Estates: Gilvarry v Naylor [2024] IEHC 668 Introduction The case of Gilvarry v Naylor (Approved) [2024] IEHC 668 is a pivotal High Court of Ireland decision...
High Court of Ireland Establishes Clarified Standards for Summary Judgment in Detinue Actions

High Court of Ireland Establishes Clarified Standards for Summary Judgment in Detinue Actions

Date: Nov 26, 2024
High Court of Ireland Establishes Clarified Standards for Summary Judgment in Detinue Actions Introduction The case of Connolly Bros. Car Sales (Ballybrit) Unlimited Company v Gilligan & Anor...
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