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  • Commentaries

Ireland Case Commentaries

Assessment of "Good Character" in Naturalisation: Insights from Ahmed v Minister for Justice

Assessment of "Good Character" in Naturalisation: Insights from Ahmed v Minister for Justice

Date: Nov 26, 2024
Assessment of "Good Character" in Naturalisation: Insights from Ahmed v Minister for Justice ([2024] IEHC 661) Introduction The High Court of Ireland delivered a significant judgment on November 22,...
High Court Reinforces the Accessibility of Judicial Review for Non-Frivolous Legal Questions: Dumbrell v A Judge of Dublin Metropolitan District Court & anor

High Court Reinforces the Accessibility of Judicial Review for Non-Frivolous Legal Questions: Dumbrell v A Judge of Dublin Metropolitan District Court & anor

Date: Nov 26, 2024
High Court Reinforces the Accessibility of Judicial Review for Non-Frivolous Legal Questions: Dumbrell v A Judge of Dublin Metropolitan District Court & anor Introduction In the landmark case of...
Defining "Substantial Works" under s.42 PDA 2000: Grassridge Ltd v Dun Laoghaire Rathdown County Council [2024] IEHC 669

Defining "Substantial Works" under s.42 PDA 2000: Grassridge Ltd v Dun Laoghaire Rathdown County Council [2024] IEHC 669

Date: Nov 26, 2024
Defining "Substantial Works" under s.42 PDA 2000: Grassridge Limited v Dun Laoghaire Rathdown County Council [2024] IEHC 669 Introduction In the case of Grassridge Limited v Dun Laoghaire Rathdown...
Substantial Works Interpretation in Planning Permission Extensions: Grassridge Ltd v Dun Laoghaire Rathdown County Council ([2024] IEHC 669)

Substantial Works Interpretation in Planning Permission Extensions: Grassridge Ltd v Dun Laoghaire Rathdown County Council ([2024] IEHC 669)

Date: Nov 26, 2024
Substantial Works Interpretation in Planning Permission Extensions: Grassridge Ltd v Dun Laoghaire Rathdown County Council ([2024] IEHC 669) Introduction In the High Court of Ireland’s 2024 judgment...
The “Alamazani Principle” – No Presumption of Judicial Bias from a Pending Complaint & Mandatory Exhaustion of Alternative Remedies

The “Alamazani Principle” – No Presumption of Judicial Bias from a Pending Complaint & Mandatory Exhaustion of Alternative Remedies

Date: Nov 26, 2024
The “Alamazani Principle” – No Presumption of Judicial Bias from a Pending Complaint & Mandatory Exhaustion of Alternative Remedies 1. Introduction In Alamazani v A Judge of the District Court...
Responsibility for Delay in Divorce Proceedings: High Court Sets Precedent in F v B [2024] IEHC 745

Responsibility for Delay in Divorce Proceedings: High Court Sets Precedent in F v B [2024] IEHC 745

Date: Nov 26, 2024
Responsibility for Delay in Divorce Proceedings: High Court Sets Precedent in F v B [2024] IEHC 745 Introduction The case of F. v. B. ([2024] IEHC 745) adjudicated by the High Court of Ireland...
“Remaining for the Result” – Supreme Court Defines the Scope of the Roadside Oral-Fluid Test under s.10 of the Road Traffic Act 2010 (DPP v O’Flaherty, [2024] IESC 54)

“Remaining for the Result” – Supreme Court Defines the Scope of the Roadside Oral-Fluid Test under s.10 of the Road Traffic Act 2010 (DPP v O’Flaherty, [2024] IESC 54)

Date: Nov 26, 2024
“Remaining for the Result” – Supreme Court Defines the Scope of the Roadside Oral-Fluid Test under s.10 of the Road Traffic Act 2010 Commentary on The Director of Public Prosecutions (McCluskey) v...
Equitable Property Division and Maintenance under the Family Law (Divorce) Act: Analysis of S v R ([2024] IEHC 736)

Equitable Property Division and Maintenance under the Family Law (Divorce) Act: Analysis of S v R ([2024] IEHC 736)

Date: Nov 26, 2024
Equitable Property Division and Maintenance under the Family Law (Divorce) Act: Analysis of S v R ([2024] IEHC 736) Introduction The case of S v R ([2024] IEHC 736) adjudicated by the High Court of...
High Court of Ireland Sets Precedent on Assignment of Personal Guarantees in Summary Judgments

High Court of Ireland Sets Precedent on Assignment of Personal Guarantees in Summary Judgments

Date: Nov 23, 2024
High Court of Ireland Sets Precedent on Assignment of Personal Guarantees in Summary Judgments Introduction The case of Linked Recoveries Ltd v Dunne (Approved) [2024] IEHC 701 before the High Court...

        No Prejudice, No Adjournment: The High Court’s Re-statement of the Test for 
        Minor Amendments and Adjournment Requests under Order 28 RSC – 
        Commentary on Howley v McMahon [2024] IEHC 677

No Prejudice, No Adjournment: The High Court’s Re-statement of the Test for Minor Amendments and Adjournment Requests under Order 28 RSC – Commentary on Howley v McMahon [2024] IEHC 677

Date: Nov 22, 2024
No Prejudice, No Adjournment: The High Court’s Re-statement of the Test for Minor Amendments and Adjournment Requests under Order 28 RSC – Commentary on Howley v McMahon [2024] IEHC 677 1....
Balancing Transparency and Confidentiality: Insights from Industrial Development Agency v Information Commissioner [2024] IEHC 649

Balancing Transparency and Confidentiality: Insights from Industrial Development Agency v Information Commissioner [2024] IEHC 649

Date: Nov 21, 2024
Balancing Transparency and Confidentiality: Insights from Industrial Development Agency v Information Commissioner [2024] IEHC 649 Introduction The High Court of Ireland delivered a pivotal judgment...
Supreme Court Upholds District Court's Authority to Reassess Jurisdiction in Summary Trials

Supreme Court Upholds District Court's Authority to Reassess Jurisdiction in Summary Trials

Date: Nov 21, 2024
Supreme Court Upholds District Court's Authority to Reassess Jurisdiction in Summary Trials Introduction The case of Doherty v The Director of Public Prosecutions Corcoran v The Director of Public...
“Effective Access” ≠ “Sectoral Access” – The High Court Confirms State Discretion to Exclude International-Protection Applicants from Public-Sector Work (AM v. Minister for Enterprise, Trade and Employment & Ors, [2024] IEHC 660)

“Effective Access” ≠ “Sectoral Access” – The High Court Confirms State Discretion to Exclude International-Protection Applicants from Public-Sector Work (AM v. Minister for Enterprise, Trade and Employment & Ors, [2024] IEHC 660)

Date: Nov 21, 2024
“Effective Access” ≠ “Sectoral Access” – The High Court Confirms State Discretion to Exclude International-Protection Applicants from Public-Sector Work (AM v. Minister for Enterprise, Trade and...
Convoy Caution: The High Court Clarifies the Duty of Care Between Emergency-Service Vehicles – Comment on O’Mahony v Kerry County Council [2024] IEHC 672

Convoy Caution: The High Court Clarifies the Duty of Care Between Emergency-Service Vehicles – Comment on O’Mahony v Kerry County Council [2024] IEHC 672

Date: Nov 21, 2024
Convoy Caution: The High Court Clarifies the Duty of Care Between Emergency-Service Vehicles – Comment on O’Mahony v Kerry County Council [2024] IEHC 672 1. Introduction On 20 November 2024 the High...
Balanced Sequencing of Parallel Proceedings: Noble v Greenstar Sets a New Template for Managing Overlapping Contract & Professional-Negligence Actions

Balanced Sequencing of Parallel Proceedings: Noble v Greenstar Sets a New Template for Managing Overlapping Contract & Professional-Negligence Actions

Date: Nov 21, 2024
Balanced Sequencing of Parallel Proceedings: Noble v Greenstar Sets a New Template for Managing Overlapping Contract & Professional-Negligence Actions Introduction Michael Noble (“the Plaintiff”)...
Hanley v PBR Restaurants: High Court Clarifies Labour Court’s De Novo Jurisdiction and Modernises Employment-Status Tests

Hanley v PBR Restaurants: High Court Clarifies Labour Court’s De Novo Jurisdiction and Modernises Employment-Status Tests

Date: Nov 20, 2024
Hanley v PBR Restaurants LTD t/a Fish Shack Café – High Court Clarifies Labour Court’s De Novo Jurisdiction and Modernises Employment-Status Tests 1. Introduction The High Court of Ireland (Bolger...
High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors

High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors

Date: Nov 20, 2024
High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors Introduction Ooi v Ireland & Ors ([2024] IEHC 663) is a significant judgment...
Little v Chief Appeals Officer – Displacement of the 1877 Act as the Statutory Basis for Costs in the Superior Courts

Little v Chief Appeals Officer – Displacement of the 1877 Act as the Statutory Basis for Costs in the Superior Courts

Date: Nov 20, 2024
Little v Chief Appeals Officer, Social Welfare Appeals Office & Minister for Social Protection Supreme Court Clarifies – and Effectively Displaces – Section 53 of the Supreme Court of Judicature...
“From Winner-Takes-All to Presumptive No-Order” – The New Supreme Court Starting-Point on Costs in Public-Interest Appeals of General Public Importance

“From Winner-Takes-All to Presumptive No-Order” – The New Supreme Court Starting-Point on Costs in Public-Interest Appeals of General Public Importance

Date: Nov 20, 2024
“From Winner-Takes-All to Presumptive No-Order” – A Commentary on Little v Chief Appeals Officer & Minister for Social Protection [2024] IESC 53, Supreme Court of Ireland 1. Introduction Little v...
High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz

High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz

Date: Nov 16, 2024
High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz Introduction The case of Minister for Justice v. Anusiewicz [2024]...
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