Ireland Case Commentaries

Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995)

Date: Jan 28, 2026

Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995) Case: The Child and Family Agency v D and Ors (Approved) | Citation:...

Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction)

Date: Jan 28, 2026

Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction) Case: M v M (Approved) | Court: Supreme Court of...

Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts

Date: Jan 28, 2026

Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts Case: M v M (Approved) | Court: Supreme Court of...

IPAT Late-Appeal Extensions: No Duty to Invite Further Particulars and No Power to Reopen a Refusal

Date: Jan 28, 2026

IPAT Late-Appeal Extensions: No Duty to Invite Further Particulars and No Power to Reopen a Refusal 1. Introduction YSA v The International Protection Appeals Tribunal and Anor [2026] IEHC 39 is a...

No implied 28-day minimum in s.51(2) deportation orders; short “leave period” lawful if reasonable and effective remedy remains available

Date: Jan 28, 2026

No implied 28-day minimum in s.51(2) deportation orders; short “leave period” lawful if reasonable and effective remedy remains available Case: T.M. (South Africa) v The Minister For Justice and...

Cross-Examination in Judicial Review Confined to Genuine Factual Conflicts or Credibility/Reliability Challenges (Not Interpretations or Inferences)

Date: Jan 28, 2026

Cross-Examination in Judicial Review Confined to Genuine Factual Conflicts or Credibility/Reliability Challenges (Not Interpretations or Inferences) 1) Introduction Ethical Farming Ireland v Minister...

“Obvious Reasons” and the Mandatory “Shall Not Extend” Threshold: IPAT Time-Extension Refusals Upheld Where Solicitor Oversight Is Not “Special Circumstances”

Date: Jan 28, 2026

“Obvious Reasons” and the Mandatory “Shall Not Extend” Threshold: IPAT Time-Extension Refusals Upheld Where Solicitor Oversight Is Not “Special Circumstances” 1. Introduction SMMZ v The International...

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning JR

Date: Jan 24, 2026

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning Judicial Review 1) Introduction Foran v An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 is a...

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings

Date: Jan 24, 2026

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings Case: D v D [No. 2] (Approved) |...

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application

Date: Jan 24, 2026

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application 1. Introduction In the Matter of D [A Ward of Court]...

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015)

Date: Jan 24, 2026

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015) Case: Higgins v Coleman and Anor (Approved) Citation: [2026] IEHC 144 Court: High Court of...

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away

Date: Jan 24, 2026

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away 1. Introduction O'Callaghan v Nirvanna Property Holdings Ltd...

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing

Date: Jan 22, 2026

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing 1) Introduction Pepper Finance Corporation (Ireland)...

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim

Date: Jan 22, 2026

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim...

Neiser v Leinster Senior College Ltd [2026] IEHC 15 — Dismissal for Post-Warning Inactivity and Cumulative Delay Exceeding Five Years

Date: Jan 22, 2026

Neiser v Leinster Senior College Ltd [2026] IEHC 15: Post-Warning Inactivity and Five-Year Cumulative Inactivity Justify Dismissal for Delay 1. Introduction Neiser v Leinster Senior College Ltd...

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute

Date: Jan 22, 2026

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute Case: K.S. v The International Protection Appeals Tribunal and Anor [2026]...

Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits

Date: Jan 22, 2026

Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits Case: Jones v...

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface

Date: Jan 21, 2026

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface 1) Introduction This “No. 2” judgment concerns X Internet Unlimited Company (the...

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach

Date: Jan 21, 2026

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach 1. Introduction The Board of Management of Wilson's Hospital School v Burke [No. 4]...

Strike-Out and Joinder Thresholds in Mortgage Possession Proceedings: Evidence, Proper Procedure, and Costs in Circuit Court Appeals

Date: Jan 17, 2026

Strike-Out and Joinder Thresholds in Mortgage Possession Proceedings: Evidence, Proper Procedure, and Costs in Circuit Court Appeals 1. Introduction Larkin v Start Mortgages Designated Activity...