Ireland Case Commentaries

TCA Surrender: Delay and Prison-Conditions Objections Require Concrete, Updated Evidence and Are Not Made Out by Speculation

Date: Jul 30, 2026

TCA Surrender: Delay and Prison-Conditions Objections Require Concrete, Updated Evidence and Are Not Made Out by Speculation 1) Introduction In Minister For Justice, Home Affairs and Migration v...

Limits on Appending District Court Transcripts to a Case Stated: Transcript Use Confined to “No Evidence” Challenges to Primary Facts

Date: Jul 30, 2026

Limits on Appending District Court Transcripts to a Case Stated: Transcript Use Confined to “No Evidence” Challenges to Primary Facts Case: Harkin v Maher (Approved) [2026] IEHC 519 (High Court,...

Specific Assurances Can Defeat Article 3 “Over‑Detention” Objections in US Extradition Where Risk Is Not Individualised

Date: Jul 30, 2026

Specific Assurances Can Defeat Article 3 “Over‑Detention” Objections in US Extradition Where Risk Is Not Individualised Case: Attorney General v Navarro (Approved) [2026] IEHC 541 Court: High Court...

Later favourable expert opinion on unchanged facts is not “special circumstances” to renew an expired protective summons after deliberate abandonment

Date: Jul 29, 2026

Later favourable expert opinion on unchanged facts is not “special circumstances” to renew an expired protective summons after deliberate abandonment 1. Introduction In Moore v Health Service...

Unchallenged Deportation Orders and the Okunade Test in Time‑Extension Judicial Reviews

Date: Jul 29, 2026

Unchallenged Deportation Orders and the Okunade Test in Time‑Extension Judicial Reviews 1) Introduction P.C.D v International Protectional Appeals Tribunal and Anor (Approved) [2026] IEHC 551 is a...

Article 40 habeas corpus: immediate release where unrepresented District Court bail hearings amount to a fundamental denial of justice

Date: Jul 29, 2026

Article 40 Habeas Corpus: Immediate Release Where Unrepresented District Court Bail Hearings Amount to a Fundamental Denial of Justice 1) Introduction In McCormack and Ors v The Governor of Mountjoy...

Proper Provision where a Child has Severe Additional Needs: Prioritising an Adapted Family Home while Balancing the Other Spouse’s Accommodation and Long-Term Security

Date: Jul 29, 2026

Proper Provision where a Child has Severe Additional Needs: Prioritising an Adapted Family Home while Balancing the Other Spouse’s Accommodation and Long-Term Security 1) Introduction BW v XY (proper...

Reasonable-Explanation Threshold for Late Execution of Circuit Court Possession Orders under Order 36

Date: Jul 28, 2026

Reasonable-Explanation Threshold for Late Execution of Circuit Court Possession Orders under Order 36 Case: Pepper Finance Corporation (Ireland) DAC v O'Donnell & Anor (Approved) [2026] IEHC 528...

[2026] IEHC 527 — Documentary Evidence and COI Must Be Assessed Before Adverse Credibility Findings in International Protection Appeals

Date: Jul 28, 2026

Documentary Evidence and Relevant COI Must Be Assessed (and Reasons Given) Before Rejecting Credibility in International Protection Appeals 1. Introduction In A.M. (Algeria) v The International...

Interlocutory Vacant Possession Against an Overholding Tenant: “Strong Case” and Balance of Justice Where Rent Is Unpaid and the Tenant Profits from Unauthorised Occupation

Date: Jul 28, 2026

Interlocutory Vacant Possession Against an Overholding Tenant: “Strong Case” and Balance of Justice Where Rent Is Unpaid and the Tenant Profits from Unauthorised Occupation 1. Introduction In Kaifan...

Exhaustion of Circuit Court Rehearing Appeals Before Judicial Review of District Court Orders Annuling Statutory Notices

Date: Jul 25, 2026

Exhaustion of Circuit Court Rehearing Appeals Before Judicial Review of District Court Orders Annuling Statutory Notices 1) Introduction In Minister For Agriculture Food and The Marine v Fitzgerald...

Anti-suit injunctions to protect Commercial Court case-management: restricting foreign §1782 discovery that undermines cost-minimisation

Date: Jul 25, 2026

Anti-suit injunctions to protect Commercial Court case-management: restricting foreign §1782 discovery that undermines cost-minimisation Case: Goldstein Property ICAV v RELM Loan Opportunities 2...

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold

Date: Jul 25, 2026

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold 1) Introduction This decision of the High Court...

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing

Date: Jul 25, 2026

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing Case: Shorten v An Coimisiun Pleanala and Ors (Approved) [2026] IEHC...

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time

Date: Jul 24, 2026

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time 1) Introduction In Z. M. v The Minister for Justice, Home Affairs and Migration (Approved) [2026] IEHC...

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue

Date: Jul 24, 2026

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue 1) Introduction In [2026] IEHC 529, Ms Justice Marguerite Bolger determined a...

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility

Date: Jul 24, 2026

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility Case: Easy Group Ltd and Anor v Easy Fundraising Ltd and Anor (Approved)...

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957

Date: Jul 24, 2026

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957 1) Introduction In Kelly v Fennell & Ors; Havbell Designated Activity...

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity

Date: Jul 23, 2026

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity 1) Introduction This decision of the High Court (Quinn J.) in Ryanair Designated...

Contextual “Life‑Sustaining Treatment” Test under s.89 Assisted Decision‑Making (Capacity) Act 2015 and Capacity-Based Invalidity of Advance Healthcare Directives

Date: Jul 23, 2026

Contextual “Life‑Sustaining Treatment” under s.89 ADM(C)A 2015: Jurisdiction, Interim Treatment, and Capacity as a Ground of AHD Invalidity Case: Health Service Executive v MM (A Person Lacking...