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  • Commentaries

Ireland Case Commentaries

Clarifying 'In Respect of' in Planning Permission: Kelly v An Bord Pleanala [2024] IEHC 468

Clarifying 'In Respect of' in Planning Permission: Kelly v An Bord Pleanala [2024] IEHC 468

Date: Jul 26, 2024
Clarifying 'In Respect of' in Planning Permission: Kelly v An Bord Pleanala [2024] IEHC 468 Introduction Kelly v An Bord Pleanala & Ors (Approved) [2024] IEHC 468 is a pivotal case adjudicated by the...
Clarification on Jurisdiction under Section 3(1) of the Land and Conveyancing Law Reform Act 2013 in Possession Proceedings – Mars Capital Finance Ireland DAC v Morton

Clarification on Jurisdiction under Section 3(1) of the Land and Conveyancing Law Reform Act 2013 in Possession Proceedings – Mars Capital Finance Ireland DAC v Morton

Date: Jul 26, 2024
Clarification on Jurisdiction under Section 3(1) of the Land and Conveyancing Law Reform Act 2013 in Possession Proceedings Introduction The case of Mars Capital Finance Ireland DAC v Morton & Anor...
Supreme Court Establishes Primacy of Child's Best Interests in Immigration Deportation Cases under Article 42A

Supreme Court Establishes Primacy of Child's Best Interests in Immigration Deportation Cases under Article 42A

Date: Jul 26, 2024
Supreme Court Establishes Primacy of Child's Best Interests in Immigration Deportation Cases under Article 42A Introduction The landmark judgment of the Supreme Court of Ireland delivered on July 25,...
High Court Upholds Control Measures on THC-Containing Products in Lynch v Minister for Health & Ors [2024] IEHC 463

High Court Upholds Control Measures on THC-Containing Products in Lynch v Minister for Health & Ors [2024] IEHC 463

Date: Jul 26, 2024
High Court Upholds Control Measures on THC-Containing Products in Lynch v Minister for Health & Ors [2024] IEHC 463 Introduction In the landmark case of Lynch v Minister for Health & Ors ([2024] IEHC...
Enforcement of Settlement Agreements and Cost Allocation: Claddagh Jewellers Ltd v Companies Act 2014 (Approved) ([2024] IEHC 466)

Enforcement of Settlement Agreements and Cost Allocation: Claddagh Jewellers Ltd v Companies Act 2014 (Approved) ([2024] IEHC 466)

Date: Jul 25, 2024
Enforcement of Settlement Agreements and Cost Allocation: Claddagh Jewellers Ltd v Companies Act 2014 (Approved) ([2024] IEHC 466) Introduction The case of Claddagh Jewellers Ltd v Companies Act 2014...
Judicial Review of Nitrates Action Programme: Irish High Court Refers Key EU Law Questions to CJEU

Judicial Review of Nitrates Action Programme: Irish High Court Refers Key EU Law Questions to CJEU

Date: Jul 25, 2024
Judicial Review of Nitrates Action Programme: Irish High Court Refers Key EU Law Questions to CJEU Introduction The case of An Taisce - The National Trust for Ireland v Minister for Housing & Ors...
Butterly v Cullinane [2024] IEHC 465: Establishing Cost Liability in Judicial Review Applications Involving Notice Parties

Butterly v Cullinane [2024] IEHC 465: Establishing Cost Liability in Judicial Review Applications Involving Notice Parties

Date: Jul 25, 2024
Butterly v Cullinane [2024] IEHC 465: Establishing Cost Liability in Judicial Review Applications Involving Notice Parties Introduction The case of Butterly v Cullinane ([2024] IEHC 465) was...
Clarifying Consecutive Sentences: High Court Decision in McCormack v Director of Public Prosecutions [2024] IEHC 458

Clarifying Consecutive Sentences: High Court Decision in McCormack v Director of Public Prosecutions [2024] IEHC 458

Date: Jul 25, 2024
Clarifying Consecutive Sentences: High Court Decision in McCormack v Director of Public Prosecutions [2024] IEHC 458 Introduction The case of McCormack v Director of Public Prosecutions ([2024] IEHC...
Supreme Court Establishes Publication as Fundamental Requirement for Rule-Making Under Article 15.2

Supreme Court Establishes Publication as Fundamental Requirement for Rule-Making Under Article 15.2

Date: Jul 24, 2024
Supreme Court Establishes Publication as Fundamental Requirement for Rule-Making Under Article 15.2 Introduction The Supreme Court of Ireland delivered a landmark judgment on July 23, 2024, in the...
High Court Upholds Constitutionality of Planning and Development Act s.28(1C): Reinforcing Rule of Law and Democratic Accountability

High Court Upholds Constitutionality of Planning and Development Act s.28(1C): Reinforcing Rule of Law and Democratic Accountability

Date: Jul 24, 2024
High Court Upholds Constitutionality of Planning and Development Act s.28(1C): Reinforcing Rule of Law and Democratic Accountability Introduction The High Court of Ireland delivered a significant...
Reaffirmation of Legislative Delegation under Article 15.2 and Enhanced Publication Requirements: An In-depth Analysis of John Conway v An Bord Pleanala [2024] IESC 34

Reaffirmation of Legislative Delegation under Article 15.2 and Enhanced Publication Requirements: An In-depth Analysis of John Conway v An Bord Pleanala [2024] IESC 34

Date: Jul 24, 2024
Reaffirmation of Legislative Delegation under Article 15.2 and Enhanced Publication Requirements: An In-depth Analysis of John Conway v An Bord Pleanala [2024] IESC 34 Introduction The case of John...
Joint Enterprise Liability Confirmed in Assault Causing Serious Harm: The People v M.B (2024) IESC 33

Joint Enterprise Liability Confirmed in Assault Causing Serious Harm: The People v M.B (2024) IESC 33

Date: Jul 24, 2024
Joint Enterprise Liability Confirmed in Assault Causing Serious Harm: The People v M.B (2024) IESC 33 Introduction In the landmark case of The People (at the Suit of the Director of Public...
Constitutional Validation of Ministerial Delegation in Planning: Analysis of John Conway v An Bord Pleanála

Constitutional Validation of Ministerial Delegation in Planning: Analysis of John Conway v An Bord Pleanála

Date: Jul 24, 2024
Constitutional Validation of Ministerial Delegation in Planning: Analysis of John Conway v An Bord Pleanála Introduction The case of John Conway v An Bord Pleanála, The Minister for Housing, Local...
Supreme Court Upholds Validity of Section 28(1C) of the Planning and Development Act 2000 in Conway v An Bord Pleanála

Supreme Court Upholds Validity of Section 28(1C) of the Planning and Development Act 2000 in Conway v An Bord Pleanála

Date: Jul 24, 2024
Supreme Court Upholds Validity of Section 28(1C) of the Planning and Development Act 2000 in Conway v An Bord Pleanála Introduction In the landmark case John Conway v An Bord Pleanála, the Supreme...
Supreme Court Upholds Delegated Legislative Powers in Planning: Conway v An Bord Pleanala

Supreme Court Upholds Delegated Legislative Powers in Planning: Conway v An Bord Pleanala

Date: Jul 24, 2024
Supreme Court Upholds Delegated Legislative Powers in Planning: Conway v An Bord Pleanala Introduction The case of John Conway v An Bord Pleanála, The Minister for Housing, Local Government and...
Supreme Court Validates Section 28(1C) of the Planning and Development Act 2000 under Articles 28A and 15.2

Supreme Court Validates Section 28(1C) of the Planning and Development Act 2000 under Articles 28A and 15.2

Date: Jul 24, 2024
Supreme Court Validates Section 28(1C) of the Planning and Development Act 2000 under Articles 28A and 15.2 Introduction The case of John Conway v An Bord Pleanála, The Minister for Housing, Local...
Supreme Court Upholds Constitutionality of Section 28(1C) of the Planning and Development Act 2000

Supreme Court Upholds Constitutionality of Section 28(1C) of the Planning and Development Act 2000

Date: Jul 24, 2024
Supreme Court Upholds Constitutionality of Section 28(1C) of the Planning and Development Act 2000 Introduction The Supreme Court of Ireland delivered a pivotal judgment on July 23, 2024, in the case...
Constitutionality of Section 28(1C) of the Planning and Development Act 2000 Affirmed

Constitutionality of Section 28(1C) of the Planning and Development Act 2000 Affirmed

Date: Jul 24, 2024
Constitutionality of Section 28(1C) of the Planning and Development Act 2000 Affirmed Introduction The High Court of Ireland delivered a landmark judgment on July 23, 2024, in the case of John Conway...
High Court of Ireland Upholds Strict Statute of Limitations in Defamation Case: Coleman v Coleman

High Court of Ireland Upholds Strict Statute of Limitations in Defamation Case: Coleman v Coleman

Date: Jul 23, 2024
High Court of Ireland Upholds Strict Statute of Limitations in Defamation Case: Coleman v Coleman ([2024] IEHC 459) Introduction In the matter of Donal Coleman versus Alan Coleman, adjudicated by the...
Finality of Arbitration Awards Reinforced in Parkdenton Ltd v Euro General Retail Ltd t/a Eurogiant

Finality of Arbitration Awards Reinforced in Parkdenton Ltd v Euro General Retail Ltd t/a Eurogiant

Date: Jul 23, 2024
Finality of Arbitration Awards Reinforced in Parkdenton Ltd v Euro General Retail Ltd t/a Eurogiant Introduction The case of Parkdenton Ltd v Euro General Retail Ltd t/a Eurogiant ([2024] IEHC 387)...
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