Ireland Case Commentaries

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Date: Dec 11, 2025

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 1. Introduction This commentary examines the High Court decision of Phelan J....

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Date: Dec 11, 2025

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Company v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707 1. Introduction This High...

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711

Date: Dec 11, 2025

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711 1. Introduction...

Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction

Date: Dec 11, 2025

Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction 1. Introduction This High Court judgment in Alsaleh v Residential Tenancies...

Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v ALAB [2025] IEHC 670

Date: Dec 11, 2025

Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v The Aquaculture Licences Appeals Board [2025] IEHC 670 1. Introduction This judgment of...

Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700

Date: Dec 11, 2025

Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700 1....

Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing

Date: Dec 11, 2025

Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing 1. Introduction This commentary examines...

Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly v McGovern [2025] IEHC 704

Date: Dec 11, 2025

Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly (Estate of O'Kelly) v McGovern (Estate of McGovern) [2025] IEHC 704 1. Introduction This commentary examines the...

MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review

Date: Dec 11, 2025

MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review 1. Introduction This commentary examines the High Court...

McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity

Date: Dec 11, 2025

McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity 1. Introduction 1.1 Background and Parties This case concerns a short but legally...

Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677

Date: Dec 11, 2025

Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677 1. Introduction This Commercial Court...

Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680

Date: Dec 11, 2025

Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680 1. Introduction This commentary examines...

The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690

Date: Dec 11, 2025

The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690 1....

Bhblasted v Meta: Strong Case Threshold, Contractual Primacy and Limits on Interim Relief Against Online Platforms

Date: Dec 11, 2025

Bhblasted v Meta: Strong Case Threshold, Contractual Primacy and Limits on Interim Relief Against Online Platforms 1. Introduction The High Court of Ireland’s decision in Bhblasted S.R.L. Societa'...

Necessary Assistance, Not Equal Assistance: Differential Social Welfare for Beneficiaries of Temporary Protection in Designated Accommodation

Date: Dec 11, 2025

Necessary Assistance, Not Equal Assistance: Differential Social Welfare for Beneficiaries of Temporary Protection in Designated Accommodation 1. Introduction This High Court judgment, A.A. and B.B. v...

Relocation Refused Where a Proposed Move Would Undermine Stability and Convert Shared Care into De Facto Sole Custody

Date: Dec 11, 2025

Relocation Refused Where a Proposed Move Would Undermine Stability and Convert Shared Care into De Facto Sole Custody Case: Ms D v Mr D (Approved) Citation: [2025] IEHC 765 Court: High Court of...

People (DPP) v Mountassir: Operationalising s.40 Domestic Violence Act 2018 and Validating the Practice of Taking Offences into Consideration

Date: Dec 10, 2025

People (DPP) v Mountassir: Operationalising s.40 Domestic Violence Act 2018 and Validating the Practice of Taking Offences into Consideration 1. Introduction The Supreme Court decision in People...

Mandatory Domestic-Violence Aggravation and the Limits of Taking Offences into Consideration: Commentary on The People (DPP) v Mountassir [2025] IESC 53

Date: Dec 10, 2025

Mandatory Domestic-Violence Aggravation and the Limits of Taking Offences into Consideration: A Commentary on The People (DPP) v Mountassir [2025] IESC 53 1. Introduction This commentary examines the...

Massey v An Bord Pleanála [No. 5] [2025] IEHC 709 – Clarificatory Addenda, Declaratory Relief and the Admissibility of Preliminary References

Date: Dec 10, 2025

Clarificatory Addenda to Preliminary References and the Role of Declaratory Relief in Keeping EU Law Questions Live: Massey v An Bord Pleanála & Ors (No. 5) [2025] IEHC 709 1. Introduction This...

Ryan v Twilio Ireland Ltd [2025] IEHC 748: Equitable Limits on Solicitors’ Liens, Client Access to Files and GDPR Rights

Date: Dec 9, 2025

Ryan v Twilio Ireland Ltd [2025] IEHC 748: Equitable Limits on Solicitors’ Liens, Client Access to Files and GDPR Rights 1. Introduction The High Court’s ex tempore judgment in Ryan v Twilio Ireland...