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  • Commentaries

Ireland Case Commentaries

Judicial Review Affirms Adequate Consideration of Updated Noise Guidelines in Wind Farm Approval

Judicial Review Affirms Adequate Consideration of Updated Noise Guidelines in Wind Farm Approval

Date: Nov 2, 2024
Judicial Review Affirms Adequate Consideration of Updated Noise Guidelines in Wind Farm Approval Introduction In the matter of Nagle View Turbine Aware Group v An Bord Pleanála (Approved) ([2024]...
Toole & Anor v Minister for Housing: Strengthening Mitigation Requirements in Foreshore Licenses under Article 6(3) Habitats Directive

Toole & Anor v Minister for Housing: Strengthening Mitigation Requirements in Foreshore Licenses under Article 6(3) Habitats Directive

Date: Nov 2, 2024
Toole & Anor v Minister for Housing: Strengthening Mitigation Requirements in Foreshore Licenses under Article 6(3) Habitats Directive Introduction In the matter of Toole & Anor v Minister for...
High Court Establishes Cost Allocation Principles for Legitimus Contradictor Motions

High Court Establishes Cost Allocation Principles for Legitimus Contradictor Motions

Date: Nov 2, 2024
High Court Establishes Cost Allocation Principles for Legitimus Contradictor Motions Introduction The High Court of Ireland rendered a significant judgment in the case of Custom House Capital Limited...
Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623

Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623

Date: Nov 2, 2024
Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623 Introduction The case of M v Chief International Protection Officer &...
Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641

Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641

Date: Nov 1, 2024
Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641 Introduction The High Court of Ireland delivered a pivotal...
Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640

Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640

Date: Nov 1, 2024
Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640 Introduction The High Court of Ireland...
Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors

Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors

Date: Nov 1, 2024
Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors Introduction The case of Child and Family Agency v D.A & Ors is a...
High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects

High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects

Date: Nov 1, 2024
High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects Introduction The case of Croghan & Ors v Collins & Ors (Approved) ([2024] IEHC 607) was adjudicated by...
High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997

High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997

Date: Nov 1, 2024
High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997 Introduction The case of Salmon Watch Ireland CLG v Aquaculture...
High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act

High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act

Date: Nov 1, 2024
High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act Introduction In the landmark case of NCBI Retail v Commissioner of Valuation ([2024] IEHC 606), the High...
Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG

Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG

Date: Nov 1, 2024
Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG Introduction In the matter of Tahboub v Joint Arab-Irish Chamber of Commerce CLG...
Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses

Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses

Date: Oct 31, 2024
Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses Introduction Gradual Investments Ltd v Kennedy (Approved) ([2024] IEHC 602) is a landmark decision...
Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26

Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26

Date: Oct 31, 2024
Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26 Introduction The High Court of Ireland, in the matter of Lynch v Motor...
Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609

Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609

Date: Oct 31, 2024
Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609 Introduction In the landmark case of Ulster Bank DAC & Ors v...
High Court Establishes Limits on Criminal Assets Bureau's Intervention in Disability Allowance Claims

High Court Establishes Limits on Criminal Assets Bureau's Intervention in Disability Allowance Claims

Date: Oct 30, 2024
High Court Establishes Limits on Criminal Assets Bureau's Intervention in Disability Allowance Claims Introduction The case of Gilligan v Criminal Assets Bureau & Ors (Approved) ([2024] IEHC 601)...
Establishing the Abuse of Process in European Arrest Warrant Surrenders: Minister for Justice v Wilgorz ([2024] IEHC 644)

Establishing the Abuse of Process in European Arrest Warrant Surrenders: Minister for Justice v Wilgorz ([2024] IEHC 644)

Date: Oct 30, 2024
Establishing the Abuse of Process in European Arrest Warrant Surrenders: Minister for Justice v Wilgorz ([2024] IEHC 644) Introduction In the High Court of Ireland case titled Minister for Justice v...
No Enforceable Right to Review Under DA 2005: Comprehensive Commentary on M & Anor v Health Service Executive, B v. Health Service Executive (Approved) ([2024] IEHC 621)

No Enforceable Right to Review Under DA 2005: Comprehensive Commentary on M & Anor v Health Service Executive, B v. Health Service Executive (Approved) ([2024] IEHC 621)

Date: Oct 25, 2024
No Enforceable Right to Review Under DA 2005 M & Anor v Health Service Executive, B v. Health Service Executive (Approved) ([2024] IEHC 621) Introduction The High Court of Ireland delivered a...
High Court Affirms Surrender under EAW: Strengthening Mutual Recognition and Strict Exception Criteria

High Court Affirms Surrender under EAW: Strengthening Mutual Recognition and Strict Exception Criteria

Date: Oct 24, 2024
High Court Affirms Surrender under EAW: Strengthening Mutual Recognition and Strict Exception Criteria Introduction In the landmark case Minister for Justice v Zajac (Approved) ([2024] IEHC 618), the...
Enhanced Judicial Safeguards in Extradition: Minister for Justice & Equality v Walsh ([2024] IESC 47)

Enhanced Judicial Safeguards in Extradition: Minister for Justice & Equality v Walsh ([2024] IESC 47)

Date: Oct 23, 2024
Enhanced Judicial Safeguards in Extradition: Minister for Justice & Equality v Walsh ([2024] IESC 47) Introduction The case of Minister for Justice & Equality v Walsh ([2024] IESC 47) addresses...
Striking Out Frivolous Litigation and Judicial Immunity: A Comprehensive Analysis of W.Z. v Ireland & Ors [2024] IEHC 595

Striking Out Frivolous Litigation and Judicial Immunity: A Comprehensive Analysis of W.Z. v Ireland & Ors [2024] IEHC 595

Date: Oct 23, 2024
Striking Out Frivolous Litigation and Judicial Immunity: A Comprehensive Analysis of W.Z. v Ireland & Ors [2024] IEHC 595 Introduction Case: W.Z. v Ireland & Ors (Approved) [2024] IEHC 595 Court:...
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