Ireland Case Commentaries

Costs Consequences of an Unstateable Interlocutory Injunction and of Mootness in Plenary “Environmental” Litigation

Date: Jan 16, 2026

Costs Consequences of an Unstateable Interlocutory Injunction and of Mootness in Plenary “Environmental” Litigation Case: Croghan and Ors v Collins and Ors (Costs Ruling) Citation: [2026] IEHC 22...

Security for Costs in Visa Judicial Review: Refusal Where the Order Would Stifle Merits Adjudication Despite Prima Facie Entitlement

Date: Jan 15, 2026

Security for Costs in Visa Judicial Review: Refusal Where the Order Would Stifle Merits Adjudication Despite Prima Facie Entitlement 1) Introduction Hamza v The Minister For Justice [2026] IEHC 14 is...

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms

Date: Jan 15, 2026

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms 1) Introduction Mars Capital Finance Ireland DAC v O'Connor and Anor concerned a mortgagee’s claim...

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications

Date: Jan 15, 2026

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications Case: Commission for Communications Regulation v Sky Ireland Ltd...

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125

Date: Jan 15, 2026

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125 1) Introduction Doyle v Buckley [Practising Under the Style and Title of J. Buckley &...

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order

Date: Jan 14, 2026

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order Case: Goode Concrete v Cement Roadstone Holdings PLC and Ors...

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders

Date: Jan 14, 2026

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders Case: Criminal Assets Bureau v X and Y and Z (Approved) Citation: [2026] IEHC 34 Court: High Court...

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism

Date: Jan 14, 2026

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism 1) Introduction J.K.M. v L.M (ancillary reliefs; proper provision;...

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3)

Date: Jan 13, 2026

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3): Clarifying the Distinction from Reserved Costs on Interlocutory Motions Case: Meta Platform Ireland Ltd v The Data Protection...

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a Pressing Exigency of Justice

Date: Jan 13, 2026

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a “Pressing Exigency of Justice” Citation: [2026] IEHC 2 | Court: High Court (Phelan J) | Date:...

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company Insolvency Abuse

Date: Jan 13, 2026

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company...

Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period”

Date: Jan 13, 2026

Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period” 1) Introduction Michael v Doody...

Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers

Date: Jan 13, 2026

Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers Case: H.I.K. v K.L.S. (in the matter of...

Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale

Date: Jan 13, 2026

Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale Introduction Connolly and Anor v Connolly and Anor...

Duffy v An Bord Pleanála & Ors [2025] IEHC 715 — “Feasibility” of Wastewater Connection under Article 297 Does Not Require Immediate Capacity; Hyperlinks Do Not Shift the Evidential Burden to the Decision-Maker

Date: Dec 31, 2025

“Feasibility” of Wastewater Connection under Article 297 Does Not Require Immediate Capacity; Hyperlinks Do Not Shift the Evidential Burden to the Decision-Maker 1. Introduction Duffy v An Bord...

Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726

Date: Dec 24, 2025

Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726 1. Introduction This High Court judgment,...

Retrospective Leave under Section 6 IBRC Act 2013 and the Kirwan Delay Framework: Commentary on Pounds & Philpott v IBRC & KPMG [2025] IEHC 720

Date: Dec 24, 2025

Retrospective Leave under Section 6 IBRC Act 2013 and the Kirwan Delay Framework: Commentary on Pounds & Philpott v Irish Bank Resolution Corporation (in Special Liquidation) & KPMG [2025] IEHC 720...

Plain Intelligible Language, Independent Legal Advice and Ex Officio Review of Consumer Guarantees: Commentary on Pepper Finance v Coleman [2025] IEHC 747

Date: Dec 24, 2025

Plain Intelligible Language, Independent Legal Advice and Ex Officio Review of Consumer Guarantees: Commentary on Pepper Finance Corporation (Ireland) DAC v Coleman [2025] IEHC 747 1. Introduction...

Murphy v An Taoiseach & Ors [2025] IEHC 730 – Constitutional Validation of “Super Junior Ministers” and the Limits of Judicial Review of Cabinet Composition

Date: Dec 24, 2025

Murphy v An Taoiseach & Ors [2025] IEHC 730 – Constitutional Validation of “Super Junior Ministers” and the Limits of Judicial Review of Cabinet Composition 1. Introduction In Murphy v An Taoiseach &...

Telecoms Masts, “Urban Development Projects” and the Limits of EIA: Commentary on McGowan & Warnock v An Coimisiún Pleanála [2025] IEHC 727

Date: Dec 24, 2025

Telecoms Masts, “Urban Development Projects” and the Limits of EIA: Commentary on McGowan & Warnock v An Coimisiún Pleanála [2025] IEHC 727 1. Introduction This judgment of Humphreys J in the High...