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  • Commentaries

Ireland Case Commentaries

Non-Proving Executors Without Immediate Standing in Ombudsman Complaints: A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman

Non-Proving Executors Without Immediate Standing in Ombudsman Complaints: A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman

Date: Mar 13, 2025
Non-Proving Executors Without Immediate Standing in Ombudsman Complaints A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman ([2025] IEHC 138) Introduction The judgment in...
New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions

New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions

Date: Mar 13, 2025
New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions Introduction This commentary examines the High Court’s decision in Kiernan v Financial Services and Pensions...
Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision

Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision

Date: Mar 13, 2025
Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision Introduction The case of Debenhams Retail Ireland Limited (in...
Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors

Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors

Date: Mar 13, 2025
Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors Introduction The case of Barrington & Anor -v-Attorney General...
Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act

Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act

Date: Mar 13, 2025
Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act Introduction The Judgment in Director of Public Prosecutions v JB; Director of Public Prosecutions v SM ([2025]...
Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals

Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals

Date: Mar 13, 2025
Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals Introduction The judgment in Clarke v Revenue ([2025] IEHC 182), delivered by Mr. Justice Cregan on 12 March...
Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28

Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28

Date: Mar 13, 2025
Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28 Introduction The judgment in Davey v Wallace & Anor ([2025] IEHC 146) presents a detailed examination of the...
Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170)

Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170)

Date: Mar 13, 2025
Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170) Introduction The case of Quinlan v Quinlan (Approved) ([2025] IEHC...
Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140

Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140

Date: Mar 13, 2025
Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140 Introduction The case of Guerin v O'Doherty represents a complex and multifaceted defamation...
Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent

Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent

Date: Mar 12, 2025
Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent Introduction This commentary examines the recent High Court decision in Ballymore...
Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery

Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery

Date: Mar 12, 2025
Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery 1. Introduction Keane v. Clerk of the Dáil...
Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations

Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations

Date: Mar 11, 2025
Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations Introduction The High Court of Ireland, in P.P. v International Protection Appeals Tribunal & Anor, V.S. v. International...
Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland

Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland

Date: Mar 11, 2025
Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland 1. Introduction The High Court of Ireland’s decision in Naughton v Governor and Company of the Bank of...
“Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd”

“Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd”

Date: Mar 11, 2025
Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd 1. Introduction In the recent High Court decision of Mulhall v. Allergan Ltd...
New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions

New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions

Date: Mar 11, 2025
New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions Introduction The judgment in MA v Minister for Justice ([2025] IEHC 135)...
Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent

Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent

Date: Mar 11, 2025
Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent Introduction The High Court decision in Mallon v Minister for Justice & Ors ([2025]...
Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction

Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction

Date: Mar 11, 2025
Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction Introduction The judgment in G.T. v Minister for Justice & Anor ([2025] IEHC 133) deals with an...
New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions

New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions

Date: Mar 11, 2025
New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions Introduction The case of Falkenthal v Revenue Commissioners ([2025] IEHC 122) marks a significant...
Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Date: Mar 11, 2025
Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications Introduction The case of A.R. v Ireland & Anor ([2025] IEHC 132) addresses several interrelated...
Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Date: Mar 11, 2025
Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law Introduction The judgment in McGreal v Minister for Housing, Local Government and Heritage of Ireland...
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