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  • Commentaries

Ireland Case Commentaries

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Date: Mar 11, 2025
Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280 1. Introduction This case arises under the Child Abduction and Enforcement of Custody...
Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Date: Mar 8, 2025
Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases Introduction The judgment in Z v S (Approved) ([2025] IEHC 136) delivered by Mr. Justice Barry...
Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Date: Mar 6, 2025
Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity Introduction The case of The Governor of a Prison v A ([2025] IEHC 147) addresses a highly...
Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Date: Mar 6, 2025
Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne Introduction This commentary examines the High Court of Ireland’s judgment in Dunne [A Bankrupt] & Ors v Dunne...
Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Date: Mar 6, 2025
Establishing a Modular Trial Framework in Complex Medical Negligence Litigation Introduction The case of Thompson [A Minor] v Health Service Executive (Approved) ([2025] IEHC 156) represents a...
Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Date: Mar 5, 2025
Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive Introduction This commentary examines a detailed judicial decision...
The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality

The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality

Date: Mar 5, 2025
The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality Introduction This commentary examines the landmark Judgment in the case of Recorded Artists Actors...
Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment

Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment

Date: Mar 5, 2025
Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment 1. Introduction The judgment in Irish Bank Resolution Corporation Ltd (In Special Liquidation) & anor v Fingleton...
The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

Date: Mar 5, 2025
The Incorporation of "Costs of the Adjudication" in the Statutory Time Limit for Consideration under the 2015 Act Introduction This commentary examines the High Court’s decision in H.J. Ward LLP v...
New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

Date: Mar 5, 2025
New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation Introduction The judgment in Murphy v An Bord Pleanala & Anor (Approved) ([2025] IEHC 117)...
Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Date: Mar 4, 2025
Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010 Introduction The judgment in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors...
Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Date: Mar 1, 2025
Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB Introduction The case of Olaszewski v The Residential Tenancies Board (Approved) [2025] IEHC 113...
Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Date: Mar 1, 2025
Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327 Introduction The judgment in McE v Chief Appeals Officer & Ors ([2025] IEHC 114) represents a...
Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Date: Mar 1, 2025
Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals Introduction In Raza v Minister for Justice ([2025]...
Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement Marriage‑of‑Convenience Decisions

Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement Marriage‑of‑Convenience Decisions

Date: Feb 28, 2025
Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement...
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Date: Feb 22, 2025
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child 1. Introduction The Judgment in M.C.A. v...
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Date: Feb 22, 2025
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases Introduction The Judgment in Minister for Justice v Curtin (Approved) ([2025] IEHC 145) delivered by Mr....
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Date: Feb 22, 2025
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders Introduction The case of Board of Management of Wilson's Hospital School v Burke [No.3] ([2025] IEHC 104)...
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

Date: Feb 22, 2025
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards Introduction The judgment in GTLK Europe Designated Activity Company [In Liquidation] v...
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